
Class HS4- 

Book uLS. U$G> 



Copyright N°._ 



COPYRIGHT DEPOSIT. 



MASONIC TRIALS. 



A TREATISE 



UPON THE 



LAW AND PRACTICE OF MASONIC TRIALS 

IN THE LODGE, 

Chapter aistd Commaistdery, 

WITH FORMS AND PRECEDENTS. 

CONTAINING ALSO 



The Constitutions and Edicts of the General Grand 
Bodies; The Ancient Landmarks; Ancient Con- 
stitutions, Charges, and Regulations, and 
an Appendix op General Forms. 



• 



HENRY M. LOOK, 

Past Master; G. V.-an-d^L. of Michigan} JT.V. 



NEW YORK: 
MACOY PUBLISHING AND MASONIC SUPPLY CO. 
1902. 



THE LI Bft A** O? 

CONGRESS, 
Onf Oqpy REceveo 

AW. 10 1903' 



No. 



L 






1<" 










CONTENTS 



PAOB 

Preface 7 



TEIAL IN THE LODGE. 

Preliminary Chapter 11 

I. Of the Offence 15 

II. Of the Tribunal 21 

III. Of the Jurisdiction. 27 

IV. Of the Charges 32 

V. Of the Answer 44 

VI. Of the Proofs 51 

VII. Of the Argument 62 

VIII. Of the Deliberation 65 

IX. Of the Judgment 68 

X. Of the Penalty 71 

XL Of Appeals 84 

XII. Of New Trials 101 

XIII. Of Eestoration 106 

XIV. Of Grand Lodge Trials 117 

XV. Powers of the Grand Master in Trials 

and Appeals 129 



6 CONTENTS. 

TRIAL IN THE CHAPTER. 

PAGK 

I. The Offence 142 

II. The Tribunal 142 

III. The Jurisdiction 144 

IV. Charges and Answer 144 

V. The Proofs 148 

VI. Judgment and Sentence 149 

VII. Appeals 150 

VIII. Restoration 152 

Constitution oe General Grand Chapter. . . . 155 
General Usages and Regulations oe Royal 
Arch Masonry 173 

TRIAL IN THE COMMANDERY. 

Constitution of Grand Encampment of the 

United States 213 

Edicts and Decisions of Grand Encampment. 241 

Knights Templar Costume 250 

Ancient Landmarks of Freemasonry 254 

Ancient Constitutions 266 

Charges of a Freemason 276 

General Regulations 285 

Masonic Calendar 302 

Appendix of General Forms 305 

Lodge 305 

Chapter 313 

commandery 322 

General Index 327 



PREFACE 



Ik presenting to the Masonic Fraternity a treatise 
upon the Law and Peactice of Masonic Trials, I 
have attempted to supply what every intelligent crafts- 
man has long felt to be an absolute necessity. Estab- 
lished system is everywhere necessary; and especially 
is it essential in the administration of justice. To aid 
in securing this most important result in the adjudica- 
tion of Masonic causes, and to systematize, to some 
extent, the modes of practice and procedure in Masonic 
tribunals, is the object of this volume. By a general 
adherence to a uniform practice in the conduct of trials 
in the subordinate tribunals, a majority of the appeals 
which annually go up to the Grand Bodies, to engross 
their time and encumber their records, would un- 
doubtedly be prevented ; for by far the greater number 
of them are made for irregularity in practice, and not 
upon the merits. 

The Forms laid down in this work constitute one 
of its most important features. They have beer, pre- 
pared with great care, and have been made to conform 
to the most reliable precedents. 



8 PKEFACE. 

No allusion is made to the subject of trials in a 
Council of Royal and Select Masters, for the reason 
that prosecutions are of such extremely rare occurrence 
in that body. All the objects of a trial in the Council 
can be readily reached by charges in either the Lodge, 
Chapter, or Commandery; and besides, should a trial 
ever occur in the Council, the rules of practice which 
apply in the Chapter could be so readily adapted to the 
Council, that any separate consideration of Council 
trials would seem entirely unnecessary. 

A plain and practical application of the principles 
of Masonic jurisprudence to the judicial ajfairs of the 
Order, has been my sole aim in the preparation of this 
work; and hence all rhetorical effects have been stu- 
diously avoided, as being entirely out of place in a 
treatise of this nature. 

The Ancient Landmarks, Constitutions, Charges, and 
Regulations, I have deemed an indispensable adjunct 
to a commentary upon Masonic trials. 

An enumeration of the authorities that have been 
consulted, and of the almost innumerable literary and 
Masonic favors that have been done me by various 
distinguished brethren during the preparation of the 
work, would be unsatisfactory unless general, and if 
general, so voluminous as to be tiresome. 

And now into the hands of the Brethren, Com- 
panions, and Sir Knights of the United States, I 
commit the fruit of a season of pleasant labor, with 
the hope that that labor shall prove to have been not 



PREFACE. 9 

altogether in vain. Some of the subjects here treated 
are surrounded with peculiar difficulties. To assume 
that they have all been handled without error, would 
be to claim what no mortal ever yet achieved. I only 
ask for this volume such favorable judgment as you, 
my Brethren, after impartial examination, shall deem 
it justly merits. I especially request that you will 
not base your opinion upon a few detached paragraphs, 
or a single chapter, but judge of it as a whole. The 
arch is never complete until the key-stone is in place ; 
and no book can be properly judged until its last chap- 
ter is read, and compared with all that precede it, that 
the complete idea of the writer may appear. 

Henry M. Look. 
Pontiac, Mich. 



MASONIC TRIALS. 



TEIAL m THE LODGE. 

PRELIMINARY CHAPTER. 

This work is not designed as a commentary upon 
the general system of Masonic Jurisprudence, but 
upon a particular department of that system. It is 
to the Law of Masonic Offences, and of Practice and 
Procedure in Masonic Trials, that the author will 
confine his present inquiries; and in this field he 
designs to be as concise as shall be consistent with 
thoroughness. As incident to the main subject, he 
must necessarily treat of all those principles, rules, 
forms, and proceedings which relate to the Offence, 
the Tribunal, the Trial, and the Punishment. 

While a multitude of books have been written upon 
Masonic Law, the subject of Masonic Trials has never 
been treated in detail. The powers of Lodges and of 
Grand Lodges, the prerogatives of Masters and Wardens, 
the qualifications of candidates, and all questions of 
executive and legislative policy, have been elaborately 
and ably considered, while this vastly important and 
interesting department has been scarcely touched. It 



12 MASONIC TRIALS. 

has generally been disposed of in a single chapter, 
occupying, in some instances, but a single page, 

As a consequence, the most painful uncertainty and 
confusion have prevailed in the conduct of Masonic 
trials. 'No settled system of practice and procedure has 
been adhered to, for the reason that there has been no 
systematic treatise upon the subject. Yet there is no 
portion of our system upon which more vital interests 
depend than this, for upon the proper administration 
of Masonic justice hang the honor and well-being of 
the Order. To this end a full understanding of the 
nature and definition of Masonic offences is not alone 
necessary; settled rules of practice and procedure, and 
well-defined forms and precedents, as well as a knowl- 
edge of the rules of evidence and methods of proof, are 
also required. 

It is therefore with a view to systematize, in some 
degree, our Masonic Judiciary, by placing in the hands 
of the craft a convenient book of reference in this 
regard, that this treatise is undertaken. ~No attempt 
will be made to press the individual opinions of the 
author, except as they shall be sustained by established 
law and usage. No principle or rule will be asserted 
except upon authority of the ablest authors, or the 
decision of the highest Masonic tribunals. To collect, 
collate, and reduce to some definite form and order 
that learning which is now floating here and there in 
indiscriminate fragments, will be the main object of 
the writer. 

The same fundamental principles of law, and the 
same general methods of procedure which govern a 



TRIAL OF THE LODGE. 13 

trial in the Lodge, govern it in the Chapter and the 
Commandery; for as the present system of the York 
Eite in this country compels every member of the 
Fraternity to commence his knowledge of the institu- 
tion with the teachings of the Symbolic or first three 
degrees (which are the foundation-stones), it has been 
deemed wisdom by all Masonic jurists, that the same 
rules which should govern a Lodge in the particulars 
above alluded to, should also prevail in all other 
branches of the rite. Hence the analogies of that 
system, varied only so far as the peculiarities of each 
particular body may require, apply to a Masonic trial 
in every organization under the York Eite. 

For this reason a full and systematic treatment of 
all the features of a trial as it occurs in the Lodge 
will be sufficient; it being only necessary, in remark- 
ing upon trials in the higher bodies, to specify those 
points in which a trial in the body above differs from 
one in the body below, at the same time giving full 
forms and specific directions, with all the particular 
legislation governing each class of cases, and referring 
for elementary principles to the more extended com- 
mentary upon trials in the Lodge. 

In discussing Trials in the Lodge, the subject natu- 
rally falls into the following order, and will accordingly 
be so treated, viz. ; — 

1. Of the Offence. 

2. Of the Tribunal. 

3. Of the Jurisdiction. 

4. Of the Charges, 



14 masonic trials. 

5. Of the Answer. 

6. Of the Proofs. 

7. Of the Argument. 

8. Of the Deliberation. 

9. Of the Judgment. 

10. Of the Penalty. 

11. Of Appeals. 

12. Of New Trials. 

13. Of Restoration. 

14. Of Grand Lodge Trials. 

15. Of the Powers of the Grand Master ik 
Trials and Appeals. 

All the forms necessary to be used in the course of 
trials in either the Lodge, Chapter, or Commandery, 
are inserted in their appropriate connection in the 
body of the work. The advantage of their being thus 
placed in immediate connection with the text will, 
it is believed, be apparent to every one. 

The forms appertaining to the general business of 
the Lodge will be found in the Appendix. 




OF THE OFFENCE. 

Every violation by a Mason of his Masonic cove- 
nants, or of the established laws, usages, and customs 
of the fraternity; every violation of the moral law, 
and every violation of the laws of the land, involving 
moral turpitude, is a Masonic offence, for which the 
offender may, upon due conviction, be subjected to 
such lawful punishment as the tribunal having juris- 
diction in the case shall adjudge. 

But Masonry will not take cognizance of those 
offences which are merely ecclesiastical or political in 
their nature, because, as an institution, she ignores all 
sectarian opinions and controversies, and all questions 
of state policy. She recognizes every de facto govern- 
ment, gives the freest latitude to partisan and political 
sentiment, and dwells a peaceful subject under the 
flag of every civilized nation upon earth. She accords 
the same freedom to every man's religious opinions, so 
long as he acknowledges the existence and sovereignty 
of God, and yields a practical obedience to the moral 



1G MASCXSTIC TRIALS. 

law ; hut that limit he must not pass, under penalty of 
banishment from the Society. 

Therefore, heresy, schism, and apostasy are not 
Masonic offences, unless they amount to a violation of 
one or more of the three great duties which a Mason 
owes to his God, his neighbor, and himself. ^Neither 
are treason and rebellion, in and of themselves, subjects 
of Masonic discipline, for the reason that they are of a 
purely political character. It was this principle, which 
has been so long settled and so universally adhered to, 
that saved from dissolution the Lodges of England, 
France, and Germany, during their intestine struggles, 
and the various Colonial Lodges during the American 
Revolution. Otherwise every Mason in the United 
Colonies in 1776 would have been subject to expul- 
sion, and every Lodge to a forfeiture of its warrant by 
the Grand Lodges of England, Scotland, and Ireland, 
under whose jurisdiction they were at the time. The 
spirit of Freemasonry dwells in a region above and 
beyond the ambition of Mngs and the craft of politi- 
cians ; in a region where mere forms of civil or political 
government are unheeded, where the wrangling of 
parties is not heard, and the sound of battle never 
comes. Yet disloyalty and rebellion are always to be 
discountenanced, and every Mason is enjoined to 
," conform with cheerfulness to the government of the 
country in which he lives." (See the Ancient Charges 
,of 1722, No. 2.) 



OF THE OFFENCE. 17 

Masonry will not take cognizance of a "breach of 
contract or agreement between a Mason and a profane, 
nor between one Mason and another, unless involving 
moral turpitude in the offender. Masonic tribunals dc 
not assume to adjust mere legal rights, pecuniary or 
otherwise. 

A violation of the municipal law, or the law of the 
land, is a Masonic offence, provided it be malum in se 9 
and not merely malum prohibitum — it must be an evil 
in itself, and not merely wrong because prohibited by 
law. For instance, murder, arson, assault, larceny, 
adultery, forgery, and counterfeiting, are Masonic 
offences, because they are not only violations of the 
law governing civil society, but are also evils in them- 
selves. But a violation of the game-laws, practising a 
profession without license, or issuing unstamped notes 
or receipts, although in direct violation of the public 
statutes, are offences of which Masonry will take no 
cognizance, for the reason that they are only mala 
prohibita. 

Masonry punishes certain public crimes and misde- 
meanors, not because they are violations of the law of 
the land, but because they are violations of the law of 
Masonry. The Masonic tribunals do not assume, in 
any sense, to administer the pubic criminal code. 
Our Masonic Criminal Jurisprudence is based solely 
upon the peculiar laws and landmarks of the Masonic 
institution, and upon that sublime system of morality 
given by Grod Himself. 



IS MASONIC TBIALS. 

An attorney at law, who is a Mason, is not charge- 
able with nnmasonic conduct if', in instituting pro- 
ceedings against a brother, whether affiliant or non- 
affiliant, he fails to forewarn the brother of the same. 
He has no right to prejudice the lawful interests of his 
client, which might be the result in numerous cases, 
if the opposite rule should prevail. There is no rule 
of Masonic usage which prohibits a Mason, who is an 
attorney, from taking a fee and conducting a suit or 
prosecution against a brother Master Mason. A Master 
Mason is not bound, in any instance, to protect or 
shield a brother in wrong or dishonesty, especially in 
crime. 

The following are some (but by no means all) of 
the more flagrant Masonic offences, viz. : 

All public crimes and misdemeanors involving moral 
turpitude ; 

Gambling and profligacy ; 

Drunkenness ; 

Profanity and blasphemy ; 

Slander and backbiting ; 

Fighting and brawling ; 

Duelling ; 

Improper revelations ; 

Undue solicitations for candidates ; 

Over-zealous arguments with the enemies of Ma- 
sonry; 

Disobedience of those in authority, or contemptuous 
language toward them ; 



OF THE OFFENCE. 19 

Expression of contemptuous opinions of the institu- 
tion of Masonry ; 

All countenance of impostors ; 

Masonic communion with clandestine Masons ; 

Yisiting irregular or clandestine Lodges ; 

Unseemly conduct in the Lodge ; 

Abuse of the ballot ; 

Malfeasance in office ; 

Defrauding or wronging a Mason, or a Masonic 
Lodge ; 

Adultery, and all lascivious association, whether with 
the relative of a Master Mason, or with a stranger ; 

Any violation whatever of the technical parts or 
points of the several Masonic obligations ; 

Violation of the particular injunctions of the ritual, 
or of any of the Landmarks of Masonry ; 

Violation of the Constitution, laws, edicts, rules, by- 
laws, or regulations of the Grand Lodge, or of a Sub- 
ordinate Lodge, by a member thereof; 

Yisiting, or attempting to visit, a Lodge, while under 
sentence of suspension or expulsion ; 

Use of intoxicating liquors in Lodge-rooms, or at 
Lodge communications ; 

Non-payment of dues ; 

Cruel treatment of wife, child, or other member of 
one's family ; 

Inhumanity to inferiors and dependents, whether 
Masons or not ; 



20 MASONIC TRIALS. 

Contempt for God and religion ; 

Atheism. 

Other particular Masonic offences might be speci- 
fied almost without limit, but the general rules and 
principles already laid down, with the various specifi- 
cations given, will, we think, be sufficient to enable 
any brother having a tolerable knowledge of those 
fundamental ideas upon which our Masonic institution 
is based, to determine at once whether any given act 
is or is not a Masonic offence. 



II. 

OF THE TRIBUNAL. 

None but a strictly Masonic tribunal can take judi- 
cial cognizance of a Masonic offence. The only judicial 
tribunals known in Ancient Craft Masonry, are Lodges 
and Grand Lodges. True, the Grand Master and the 
Master have certain important prerogatives, some of 
them of a semi-judicial nature, which they may exer- 
cise in the course of a trial, or when the regular body 
is not in session ; but every act which either of them 
may perform in that behalf is subject to review by the 
superior body whose instrument they are, namely, the 
Grand Lodge. Whatever action either of them may 
take in his single official capacity, as touching a Ma- 
sonic trial, is only of a preliminary, incidental, or inter- 
locutory character. It does not and cannot reach the 
merits of the case. He cannot adjudicate as to the 
question of guilt or innocence, for he is not the tribunal 
itself, but only the presiding head of the tribunal. The 
complete judicial power is vested only in the Lodge or 



22 MASONIC TRIALS. 

tlie Grand Lodge ; the Grand Lodge being the court 
of dernier resort. 

The judicial powers of Chapters and Commanderies 
will be considered when the subject of trials in those 
bodies is reached. 

A Lodge must be regularly chartered and duly 
constituted, its officers elected and installed, and in all 
respects a regular working Lodge, before it can hear 
or determine a Masonic trial. Lodges under dispen- 
sation have no judicial powers except such as are ex- 
pressed ; their authority being strictly limited by the 
terms of the dispensation under which they work. 

Charges cannot be presented nor received, nor any 
proceedings taken, in a Masonic trial, by a Lodge, 
at any other than a regular communication, and the 
Lodge must be open upon the highest degree to which 
the accused has attained in said body. The trial must 
begin at a regular communication ; but after it is thus 
begun it may continue at special communications 
called for that purpose, which would, in such case, be 
considered only as a continuation of the regular. Some 
authors hold that the trial may begin at a special com- 
munication called for that purpose, but the weight of 
authority is in favor of the rule as above stated, and 
such is the universal practice, except in jurisdictions 
where, by constitutional provision, or by edict of the 
Grand Lodge, a different course is authorized. Where 



OF THE TRIBUNAL. 23 

such special legislation prevails, the letter of the law 
must be strictly followed, or the proceedings will 
be set aside for irregularity; for it is a maxim of 
universal application that where the common law, 
which springs from ancient usage, is varied by 
subsequent enactment, the statute must be strictly 
followed. 

The presence of visitors ought not to be permitted 
during any portion of a Masonic trial, and certainly 
not during the consideration and discussion of the 
charges. 

The Lodge, while sitting for the trial of a cause, is 
in every sense a judicial body, of which the Master is 
the presiding head. No business of a general or legis- 
lative character should be introduced while the trial is 
under immediate consideration. Every member of the 
Lodge in good standing is authorized to sit upon the 
trial, and ought to be present. While so sitting he 
should remember that he is acting, not in his ordinary 
Masonic capacity, but as one of a bench of judges. In 
his hands are placed, for the time being, the dearest 
and most vital interests of the accused, and every trace 
of prejudice or partiality should be banished from his 
breast until the case shall reach its final conclusion. 
If, on account of any deep personal interest in the 
case, or any peculiar enlistment of his passions, he 
thinks himself unable to hear and judge with the 
strictest impartiality, he should so state; and there- 



0,4. 



MASONIC TRIALS. 



upon the Lodge may, by vote, excuse him from sitting 
in the case. 

The Master presides at the trial, as at every other 
Lodge proceeding. He has authority to decide all 
points of order, and all questions relating to the legal- 
ity or regularity of any service, paper, or proceeding in 
the case, to allow or forbid amendments and contin- 
uances, to admit or exclude evidence, and control de- 
bate. No appeal can be taken from his decision to 
the Lodge, in case he shall rule erroneously, but he is 
responsible to the Grand Lodge for any abuse of these 
powers, as in all other cases. He may take the sense 
of the Lodge as to each of the matters aforesaid, if he 
so prefer, but their vote will be only advisory, and the 
power to decide will still be with himself. 

But let it be remembered that the exercise of these 
powers of the Master cannot be so far extended as to 
touch the merits of the case. His prerogative extends 
to all incidental matters, but the merits must be left 
to the main body of the court — namely, the Lodge. 

He has power to summon every member of the 
Lodge in good standing to be present at the trial, 
which summons the brethren are bound to obey. A 
wilful disobedience of such summons would subject 
the offender to discipline, as for any other Masonic 
offence. 

It is also the right of the Worshipful Master to ap- 
point all committees, commissioners, or counsel that 



OF THE TRIBUNAL. 25 

may be required in the course of the trial by Lodge, 
and to preside at all meetings of said commissioners or 
committees. The accused may, either in person 01 
by his counsel, object to any appointment so made, 
and the Master shall decide upon the sufficiency of 
such objection. 

The tribunal must consist solely of Master Masons ; 
and from this rule there can be no departure. 

The Master may call any Past Master temporarily 
to the chair during a trial, and such brother, while in 
the chair, may exercise all the powers of the Master ; 
he being considered, during that time, the immediate 
agent of the Master. 

In case of the absence, death, or inability of the 
Master, the Senior Warden succeeds to all his powers 
and duties. In case of the absence, death, or inability 
of both the Master and Senior, the Junior Warden 
succeeds to the chair in like manner. The acts of 
either of the Wardens are in such case the acts, in 
legal contemplation, of the Master; the Warden so 
actmg is, for the time being, the Master. But if the 
Master and both Wardens be absent, no Lodge can be 
opened, nor any proceedings whatever taken. A 
Warden has no right to call a special communication 
of the Lodge, open the same, and proceed to business, 
while his superior is at his home within the jurisdic- 
tion of his Lodge, or within such distance as would 

admit of his speedy notification and attendance ; but 

3 



26 MASONIC TRIALS. 

any action the Warden may take in any trial or Lodge 
proceeding by the lawful direction of his superior, will 
be lawful. 

A Past Master cannot open the Lodge and preside 
unless either the Master or one of the Wardens be 
present ; nor then without the direction or consent of 
the proper officer. 




m. 

OF THE JUEISDICTION. 

The penal jurisdiction of a Lodge is that power 
which it constitutionally possesses to take judicial 
cognizance of Masonic offences, and to prosecute and 
punish for the same. This jurisdiction is twofold — 
territorial and personal. It is territorial, as existing 
within certain geographical limits; and personal, as 
attaching to certain persons, wheresoever they may be 
dispersed. 

The territorial jurisdiction of a Lodge (unless there 
be special enactment to the contrary, is bounded by the 
geographical centre between it and contiguous Lodges, 
except in cities and villages having more than one 
Lodge, and in case of Lodges adjacent to state lines- 
Where there are two or more Lodges in any city or 
village, they have concurrent jurisdiction, extending at 
least to the limits of such city or village : but in no 
case docs the territorial jurisdiction of a Lodge extend 



28 MASOOTC TRIALS. 

beyond the boundary of the state ; the political bound- 
aries of the several states being by unanimous accept- 
ation the limits of the several Grand Lodge jurisdic- 
tions. A Lodge has penal jurisdiction over all Masons 
within its territorial limits, whether affiliated or non- 
affiliated, no matter of what Lodge they may be mem- 
bers. Sojourners, whether affiliated or not, are subject 
to penal jurisdiction in like manner as other Masons. 

The personal jurisdiction of a Lodge extends to 
every one of its own members, wheresoever he may 
be upon the face of the globe. The allegiance of a 
Mason to his own Lodge is indefeasible ; and so long 
as his membership continues, he is amenable to its 
laws and subject to its power. Thus a Mason who 
resides beyond the jurisdiction of his own Lodge is 
subject to two concurrent jurisdictions, namely, the 
territorial jurisdiction of the Lodge where he resides, 
and the personal jurisdiction of his own Lodge. But 
trial, conviction, and punishment under either of these 
jurisdictions would exempt him from the like pro- 
ceedings under the other, — upon the principle that a 
Mason cannot be twice punished for the same Masonic 
offence. 

But there is one person who is absolutely exempt 
from the penal jurisdiction of his Lodge. That person 
is the Master. He cannot be tried by his Lodge. His 
Lodge cannot resist his orders nor question his author- 
ity in its own body. Its only redress is by preferring 



OF THE JtHRlSDICTTON. 29 

charges against hini in the Grand Lodge. To that 
supreme body, and to that alone (or to the Grand 
Master in the interim), he is responsible for his acts 
while in office. Not only is he exempt from discipline 
in his own Lodge while in office, but his Lodge cannot, 
after his retirement from office, try or punish him for 
any act committed by him while in office. The Grand 
Lodge holds perpetual jurisdiction over his official term. 

The Grand Master, while in office, is also in like 
manner exempt from the penal jurisdiction of the sub- 
ordinate Lodge of which he is a member. 

Every Lodge has exclusive jurisdiction in all cases 
of violation of its own by-laws and regulations. This 
is a portion of its own personal jurisdiction, which 
never becomes concurrent with that territorial jurisdic- 
tion which a foreign Lodge acquires by the residence 
of a Mason within its limits. 

It is customary, in cases where the jurisdiction is 
territorial merely, to refer the subject-matter to the 
Lodge of which the offending brother is a member, 
with the request that he be put upon trial in his own 
Lodge ; yet such reference is merely a matter of cour- 
tesy, and may be made or not, as circumstances shall 
require. But notice should always be given to such 
Lodge of any proceedings actually taken. 

A Lodge has the same jurisdiction over Entered 
Apprentices and Fellow Crafts that it has over Master 
Masons. Every Lodge of Master Masons has authority 



30 MASONIC TRIALS. 

over all the degrees which it has power to confer ; and 
as it makes Entered Apprentices and Fellow Crafts, it 
may, upon sufficient cause, try and expel them. 

A Mason under sentence of suspension is still sub- 
ject to the penal jurisdiction of the Lodge. For a 
repetition of the offence for which he was suspended, 
or for any other un masonic conduct, he may be tried, 
and (if the offence justify it) expelled from all the 
rights and benefits of Masonry, by the Lodge having 
jurisdiction over him. It is not necessary that the 
delinquent be reinstated in order to enable the Lod^e 
to take this action, unless the Grand Lodge shall by 
positive enactment so provide; for a brother under 
sentence of suspension is still a Mason. His Masonic 
relations are not lost nor destroyed, but he is still sub- 
ject to the penal jurisdiction of his Lodge. 

A Mason cannot, by a formal resignation of his 
membership of the Order, withdraw himself from its 
covenants or discharge himself from its jurisdiction. 
He cannot legally sever his Masonic relations by a 
voluntary withdrawal ; and it is in this sense that the 
maxim, " once a Mason always a Mason," applies. 

There are but three ways by which a Mason can be 
placed beyond the reach of Masonic discipline ; name- 
ly, by death, by insanity (which is mental death), and 
by expulsion. 

Where a trial is likely to result in expulsion, it 
should be prosecuted in the Lodge in preference to the 



OF THE JUEISDICTION. 31 

higher bodies, for the reason that a sentence of expul- 
sion in the Lodge has the effect of expelling the cul- 
prit from the Lodge itself, and also from all the degrees 
and bodies of Masonry above the Lodge ; whereas the 
same sentence, if passed by a higher body, would not 
affect his standing in the Lodge, but only in the body 
where it was passed, and those above. 

The punishment of a Mason for crime by a court of 
law, will not bar a Masonic prosecution for the same 
crime. The two jurisdictions are strangers to each 
other. The legal tribunal, as has been intimated, 
inflicts a legal punishment for the public offence ; the 
Masonic tribunal inflicts a Masonic punishment for the 
Masonic offence. 

It is a fixed principle of Masonic law that there is 
no Masonic wrong without a Masonic remedy. That 
remedy consists in prosecution and punishment for 
the wrong committed. The first step in the prosecu- 
tion is the preferring of charges, which will be next 
considered, 



IT. 

OF THE CHARGES. 

The preliminary questions as to the Offence, the 
Tribunal, and the Jurisdiction having been settled, the 
Charges are next to be considered, and will demand 
our careful and somewhat protracted attention. 

The charges (or every portion thereof proper to be 
written) must always be made in writing, signed by 
the accuser, filed with the Secretary of the Lodge, and 
read by that officer at the next regular communication 
after such filing. 

The offence must be charged with clearness and 
certainty, and time, place, persons, and particulars 
must be distinctly specified; for every defendant is 
entitled to know with definiteness the nature and 
substance of the accusation against him, in order that 
he may prepare for his defence. 

A general charge of unmasonic conduct, without 
specifications, ought not to be entertained by the 
Master. Pencil writing, if clear and distinct, may be 
admissible, but as a general rule, in matters of such 
Masonic importance, it should be excluded. A loose, 



OF THE CHARGE. 33 

vague, and general charge ought not to be received 
even in writing. If the case appears one of probability, 
the Master may direct that proper charges be pre- 
ferred. 

Mere oral charges can never be received in any case. 
Every particular of the offence proper to be written 
must be embodied, filed, and read in due form, and 
upon the appearance of the accused those portions 
improper to be written must be fully stated and ex- 
plained to him in open Lodge, in order that he, as well 
as the Lodge, may be particularly informed as to the 
whole matter. 

After the charges have been read as aforesaid by the 
Secretary they become the property of the Lodge, and 
they cannot thereafter be amended in either form or 
substance except upon the order of the Master in 
open Lodge, upon cause shown. If the charges have 
not been served upon the accused, they may be 
amended without notice to him ; but no amendment 
can be made after service of the charges without notice 
to the accused, or in his presence in open Lodge ; for 
he has the right to appear and oppose the amendment 
if he so desire. If, by reason of any amendment, 
additional time be required by either party, the Master 
may, in his discretion, grant such time as he shall deem 
proper, in order to enable the parties to prepare for 
trial upon the charges as amended. It is far better, 
if the charges be materially detective, to begin the 



34 MASONIC TRIALS. 

prosecution de novo, by the filing of new charges, than 
to exercise any doubtful powers of amendment. True, 
the ruling of the Master, however erroneous, is law for 
the time being ; but in case of review upon appeal to 
the Grand Lodge, a vast amount of trouble and in- 
convenience might result from his not being sustained. 

Charges for offences committed while the Lodge is at 
labor, should be introduced by the Senior Warden; 
those for offences committed at any other time, by the 
Junior Warden; but should either of said officers 
neglect to introduce the charges, they may be intro- 
duced by any member of the Lodge in good stand- 
ing. 

The charges ought to be preferred by a member of 
the Lodge, whether the By-laws so require or not. 
Although this is not in all the states an absolute re- 
quirement, yet it is the almost universal practice, and 
by far the better one. 

The accuser should be a Master Mason in good 
standing. 

A profane cannot prefer charges against a Mason ; 
neither can a Mason who is under sentence of suspension 
or expulsion, or non-affiliated. 

If facts are known to a profane, or to a Mason not 
qualified to prefer charges, involving an offence for 
which charges ought to be introduced, they may be 
communicated to any Mason who is qualified to prefer 
charges, and who, upon such information, may prepare 



OF THE CHARGE. 35 

and introduce the charges in due form ; or the Mastel 
may instruct one of his "Wardens so to do. 

If charges are preferred, or complaint made to the 
Master, against an officer of the Lodge, for unmasonic 
conduct, the Master may, in his discretion, suspend 
the accused at once from his office ; and if the offence 
is an aggravated one, as gross intoxication or immo- 
rality, or a high crime or misdemeanor, he ought to 
do so. 

Charges may be preferred against a Mason who is 
under sentence of suspension, and upon such charges 
he may be tried by his Lodge for offences committed 
subsequent to the sentence, or for a repetition of the 
offence for which he was suspended, and, if found 
guilty, expelled. It is not necessary that the delin- 
quent be reinstated in order to enable the Lodge to 
take this action. 

The Master has the right, after charges are preferred 
in writing, and after examining them carefully, to de- 
clare them insufficient, and refuse to proceed to trial 
upon them. He ought not to entertain frivolous 
charges, or such as do not show clearly, if proven, 
a Masonic offence. 

If he is in doubt as to the sufficiency or competency 
of charges, it is proper for him to take the opinion of 
the Lodge upon the subject by a vote; but such 
opinion is merely advisory, and is of no legal force 
upon the Master, who is alone responsible in the 



36 MASONIC TRIALS. 

premises. He is acting as the presiding head of a 
legal tribunal. 

The following is a general 

FORM OF CHARGES. 

To the Worshipful Master, "Wardens, and Brethren 
of Lodge, No , of Free and Accepted Masons. 

Brother A. B., a Master Mason (or F. C, or E. A.) 
of (here state the residence, membership, affiliation, 
non-affiliation, or other Masonic standing of the ac- 
cused), is hereby charged with unmasonic conduct, in 
this — to wit : 

Specification 1 — That the said A. B., on the day 

of , A. L. 58 . . . ., at the town (village or city) of , 

in the county of . . . ., state of . . . ., did violently assault 
and strike Brother C. D. 

Specification 2 — That the said A. B., on the day and 
at the place aforesaid, did speak and use toward the said 
Brother 0. D. the following scandalous and insulting 
language, to wit : (here set out the words used.) 

Specification 3 — That the said A. B., on the day and 
at the place aforesaid, did, in presence and hearing of 
several persons, speak and utter, of and concerning the 
said Brother 0. D., the following slanderous and 
malicious words, to wit : (here set out the words.) 

All of which acts of the said A. B. were in violation 
of his duties and obligations as a Mason, and to the 
injury of the said 0. D., as well as to the scandal and 
disgrace of the Masonic fraternity; wherefore it is 



OF THE CHARGE. 37 

demanded that the said A. B. be put upon trial there- 
for, and dealt with according to Masonic law and 
usage. 

Dateu ,A. L. 58... 

C D 

If the charges are introduced by either of the 
Wardens, they should sign them in their official 
capacity. 

All names should be written in full, if known. 
Specifications should be added for each separate 
state of facts constituting a Masonic offence, with 
reasonable certainty as to time, place, and other 
particulars. 

FORM OF SPECIFICATIONS FOR DRUNKENNESS. 

1. That the said A. B., on the day of . . . . , 

A. L. 58,. . ., at ,in the county of , state of , 

was in a state of gross intoxication, from the intem- 
perate use of intoxicating and spirituous liquors. 

2. That the said A. B., on the day of...., 

A. L 58 at , in the county of , state of . . . ., 

and for a long time previous thereto — to wit, for.... 
years last past, and at divers other places in the said 
county and state, and notwithstanding the frequent 
warnings and admonitions of the officers and brethren 
of this Lodge — was addicted to the excessive use of in- 
toxicating liquors, and to the evil habit of frequent 
and gross intoxication and drunkenness. 



38 MASONIC TRIALS. 

FORM OF SPECIFICATION FOR THEFT. 

That the said A. B., on the day of . . . ., A, L, 

58..., at...., in the county of...., state of...., 
did wilfully steal and take from Brother 0. D. (or Mr. 
0. D.) of . . . ., twenty dollars in money. (If the 
theft be of other property than money, describe the 
property.) 

FORM OF SPECIFICATION FOR FRAUD. 

That the said A. B., on the day of , A. L. 

58..., at...., in the county of , state of , 

did wilfully cheat, wrong, and defraud Brother 0. D. 
by making to said 0. D. certain false and fraudulent 
representations concerning a certain horse which he 
then and there sold to the said 0. D., and which the said 
C. D. was by means of said false representations then 
and there induced to buy, and to pay therefor a large 
sum of money — to wit, the sum of one hundred dol- 
lars; which representations were, that the said horse 
was sound, true, and kind, when in fact the said horse 
was not such, as the said A. B. well knew. 

Where the offence is non-payment of dues, regular 
charges must be preferred in the usual manner. A 
mistaken impression prevails in the minds of many 
Masons, that for non-payment of dues a brother may 
be suspended simply by a vote or resolution of the 
Lodge, without the introduction of charges or any 
form of trial. Charges must be preferred, and duo 
trial and conviction had, the same as for any otheff 
Masonic offence. 



OF THE CHARGE. 39 

!Nb Mason can be in any way punished, nor de- 
prived of any Masonic right or privilege whatsoever, 
without charges and specifications regularly filed, and 
due trial and lawful conviction thereupon, with oppor- 
tunity to the accused to appear and defend.* 

FORM OF CHARGES FOR KOK-PAYMENT OF DUES. 

To the Worshipful Master, Wardens, and Brethren 
of Lodge, No. . ., of Free and Accepted Masons. 

Brother A. B., a Master Mason, and a member of this 
Lodge, is hereby charged with unmasonic conduct in 

wilfully violating Section of the By-Laws of this 

Lodge, in this — to wit : 

Specification — That the said A. B., being justly 
indebted to this Lodge for his annual dues, accruing 

under said section, for the years. . . .and , and being 

able to pay the same, has neglected and refused, and still 
neglects and refuses, to pay the same or any part 
thereof, although payment of the same has been often 
demanded. 

All of which is in violation of his duties and obliga- 
tions as a Mason, and to the wrong and injury of this 
Lodge ; wherefore, it is demanded that the said A. B. be 
put upon his trial therefor, and dealt with according to 
Masonic law and usage. 

Dated ,A. L. 58.... 

C D 

When charges are preferred for violation of any pro- 

* While this is an undoubted and well-established principle of 
Masonic law, a contrary practice prevails in some jurisdictions. 



40 MASONIC TRIALS. 

vision of the Constitution or By-Laws, the article or sec- 
tion violated should be specified with particularity, as 
well as the facts of the violation. 

The charges and specifications having been filed 
with the Secretary, and read by him at the next regu- 
lar communication thereafter, a true copy thereof is to 
be served upon the accused, together with a summons 
requiring him to appear and answer. A resolution to 
that effect having been duly passed, it is the duty of 
the Secretary to make the copy and issue the sum- 
mons; which summons may be made returnable at 
any subsequent regular communication, as the Lodge 
shall determine. 

FOEM OF SUMMONS, TO BE ACCOMPANIED WITH A COPY 
OF THE CHAEGES AND SPECIFICATIONS. 

To Brother A. B., of 

You are hereby summoned and required to appear at 
the regular communication of . . . .Lodge, No.. ., of Free 
and Accepted Masons, to be held at its Lodge-room 

at , in the county of. ... , state of . . . . , on the . . . day 

of , A. L. 58. . ., at. . . . o'clock p. M., then and there 

to make answer to charges and specifications now on file 
against you in said Lodge, a true copy of which charges 
and specifications is hereto annexed. 

Dated , A. L. 58 

By order of the Lodge, 

("seaT ) "^ ^ * Secretary* 

\ of the l 
( Lodge ) 



OF THE CHARGE. 41 

The summons and copy may be served by any 
Master Mason, but it is the common practice for the 
Secretary to make the service, unless there are reasons 
to prevent. The service should be made at least ten 
days previous to the day of trial (or return) mentioned 
in the summons, and a written certificate of such serv- 
ice, specifying the time and place thereof, should be 
filed by the person making the same. 

CERTIFICATE OF SERVICE. 

I, G-. H., do hereby certify that on the. . . day of , 

A. L. 58 .... at , in the county of , state of. . . ., 

I served personally (or at his last known place of resi- 
dence) upon Brother A. B. a true copy of the charges 
and specifications filed against him in. . . .Lodge, No. ., 

of Free and Accepted Masons, on the day of , 

A. L. 58 . . ., by C. D., accompanied by the summons of 
said Lodge, under the seal thereof, requiring him to 
appear and answer said charges and specifications at 
the regular communication of said Lodge, to be held on 
the day of . . . ., A. L. 58 . . . 

Dated, A. L. 58... 

Gr H 

If the charges and summons are served by the Sec- 
retary, he should execute the foregoing certificate in 
his official capacity. 

The service must be personal, if the residence of the 
accused is known to the Secretary, or can be found 
upon due inquiry ; but if his residence is not known, 



42 MASONIC TEIALS. 

or cannot be ascertained, then the service may be at 
his last known place of residence. "When the accused 
resides beyond the jurisdiction of the Lodge in which 
the charges are filed, the service may be made by the 
Secretary of the Lodge within whose jurisdiction the 
accused resides at the time ; and the certificate of such 
Secretary, under the seal of his Lodge, is legal evi- 
dence of due service. 

The foregoing certificate of service can easily be 
varied so as to meet the case of service by a foreign 
Secretary, and a copy of the proper certificate should 
be sent to him in blank, enclosed with the charges and 
summons, in order that he may execute it under the 
seal of his Lodge, and return it to be placed on file as 
evidence of the service made by him. 

The Lodge should not proceed to trial and judg- 
ment upon the charges without some reliable evidence 
that the charges and specifications have been brought 
to the personal knowledge of the accused, if his resi- 
dence is accessible. The mere fact that he has been 
written to in regard to the matter, or that the charges 
have been mailed to him, there being no evidence that 
the letter or charges ever reached him, and no answer 
being received, is not sufficient. The mails are un- 
certain. Every Brother has the right to know of the 
charges against him, and to appear and defend ; and it 
should be made to appear that the charges and sum- 
mons were personally served, or that he designedly 



OF THE CHARGE. 43 

avoids service, or that neither his residence nor his 
whereabouts can be ascertained, before the Lodge pro- 
ceeds to so important a proceeding as the trial of a 
Brother for unmasonic conduct. But if an offendei 
wilfully absconds, proceedings may be taken in his 
absence without notice. In such case, the fact of his 
absconding should be affirmatively proven. 

The accuser may choose any Master Mason as his 
counsel, to assist in the prosecution. If he does not 
appear, or chooses no counsel, the Master may appoint 
such counsel in his discretion ; which counsel must be 
a Master Mason in good standing. 

The status of a Mason under charges is not affected 
until after sentence. He is presumed to be innocent 
until proven to be guilty ; and he may, at all times 
before the passing of sentence, vote upon all matters 
not involved in the charges and specifications pending 
against him. 




V. 

OF THE ANSWER. 

The charges having been properly served, and the 
accused duly summoned, it is his duty to appear and 
answer. 

The answer should be in writing. If the accused 
answer orally, his answer should be reduced to writing 
by the Secretary, and made a part of the files in the 
case, so that no misunderstanding may afterward arise 
as to its exact import. 

Before answering as to the merits of the case, the 
accused may, if he have sufficient grounds, attack the 
proceedings incidentally. In so doing, he may, 

1. Deny the jurisdiction, or 

2. Deny the validity or regularity of the charges. 
In either case his proposition should be made in 

writing, and should set forth clearly the grounds upon 
which it is based. The following forms will sufiicientlv 
illustrate this branch of the subject. 

FORM OF DEiaAL OF JURISDICTION. 

To the Worshipful Master, Wardens, and Brethren 
of Lodge, No , of Free and Accepted Masons. 



OF THE ANSWER. 45 

In the matter of the charges and specifications intro- 
duced in said Lodge on the . . . .day of . . . ., A. L. 58 . . . , 
by 0. D., against A. B., comes the said A. B. in person 
(or by Y. Z. his counsel), and denies the jurisdiction of 
said Lodge in the premises, for the following reasons, to 
wit: 

1. Because the said A, B. did not, at the time of the 
introduction of said charges and specifications, reside 
within the territorial jurisdiction of said Lodge ; neither 
was he at that time a member of said Lodge. 

2. Because the acts alleged in said charges and specifi- 
cations, if they were ever committed by the said A. B., 
were committed before his initiation in any Lodge of 
Masons. 

Wherefore the said A. B. requests that the said charges 
and specifications be dismissed, and that he be excused 
from answering thereto. 

Dated , A. L. 58... 

A B 

Aoiy other facts which would defeat the jurisdiction 
should be alleged in like manner. Upon the filing 
and reading of such denial of jurisdiction, it is the 
privilege of the accused to introduce, and the duty of 
the Lodge to receive, any proper proofs of the facts 
therein alleged ; after which they should at once either 
sustain the jurisdiction or dismiss the case, as Masonic 
law and usage may require. 

If the jurisdiction is sustained, or not denied, the 
accused may, if he think best, deny the validity of 
regularity of the charges and specifications. 



46 MASONIC TRIALS. 

FORM OF DENIAL OF VALIDITY OR REGULARITY OF THE 
CHARGES AND SPECIFICATIONS. 

To the "Worshipful Master, Wardens and Brethren 
of . . . . Lodge, No . . . , of Free and Accepted Masons. 

In the matter of the charges and specifications intro- 
duced in said Lodge on the . . . day of , A. L. 58 . . . , by 

C. P., against A. B., comes the said A. B. in person (or by 
Y. Z.his counsel), and denies the validity and regularity 
of said charges and specifications, for the following 
reasons — to wit : 

1. Because the said 0. P., the accuser, by whom said 
charges and specifications were introduced, was not, at 
the time of introducing the same, a Master Mason (or 
was not a Master Mason in good standing, he being then 
under sentence of suspension [or expulsion] for un- 
masonic conduct). 

2. Because the acts alleged in the said charges and 
specifications are of a purely sectarian (or political) 
character, and do not in themselves constitute a Masonic 
offence. 

3. Because the time (or place, or both) of the commis- 
sion of the acts alleged is not set forth in said charges 
and specifications with reasonable distinctness. 

Wherefore the said A. B. requests that the said charges 

and specifications be dismissed, and that he be excused 

from further answering thereto. 

Dated...., A. L. 58... 

A B 

Under the latter, as under the former denial, the 
accused may make proof of any matters of fact therein 
alleged. 



OF THE ANSWER. 47 

If the jurisdiction, and the validity and regularity of 
the charges and specifications are sustained, or not 
denied, the accused must then answer as to the merits ; 
and in so doing he may put in either one of four 
different answers. 

1. He may answer "guilty" which is an unqualified 
admission of the entire accusation. 

2. He may answer " not guilty" which is an un- 
qualified denial of the entire accusation. 

3. He may answer " guilty" as to a part, and " not 
guilty" as to another part. 

4. He may admit the facts charged, and set up cer- 
tain other facts or circumstances in justification or 
extenuation of his acts. 

ANSWER OF "NOT GUILTY." 

To the Worshipful Master, Wardens, and Brethren 
of Lodge, No. . . , of Free and Accepted Masons. 

In the matter of the charges and specifications intro- 
duced in said Lodge on the day of , A. L. 58. . . , 

by 0. D., against A. B., comes the said A. B. in person 
(or by Y. Z. his counsel), and says that he is not guilty 
of the said charges and specifications, nor of any of them. 

Dated...., A. L. 58... 

A B 

The answer of "guilty" is similar to the above, simply 
substituting the word guilty for not guilty, and omitting 
the words " nor of any of them." 



48 masonic trials. 

answer op "guilty" as to a paet, and "not 
guilty" as to another part. 

To the Worshipful Master, Wardens, and Brethren 
of . , . . Lodge, No. . . , of Free and Accepted Masons. 

In the matter of the charges and specifications intro- 
duced in said Lodge on the day of , A. L. 58 . . ., 

by 0. D., against A. B., comes the said A. B. in person (oi 
by Y. Z. his counsel), and answers as follows — namely : 

As to specification first, he says that he is guilty. 

As to specification second, he says that he is not 
guilty. 

As to specification third, he says that he is not guilty. 

Dated ,A. L. 58... 

A. ...... X> » • e • • c 

The next following form of answer has been framed 
in direct response to the form of charges laid down on 
page 36 of this work, in order thus to afford the most 
practical illustration possible of the principles involved. 
It should therefore be read in connection with those 
charges. 

ANSWER ADMITTING THE PACTS CHARGED, AND SETTING 
UP OTHER PACTS IN JUSTIFICATION AND EXTENUA- 
TION. 

To the Worshipful Master, Wardens, and Brethren 
of Lodge, No . . . , of Free and Accepted Masons. 

In the matter of the charges and specifications intro- 
duced in said Lodge on the . . . .day of , A. L. 58 . . ., 

by C. D., against A. B., comes the said A. B. in person 
(or by Y. Z.his counsel), and answers as follows — namely : 



OF THE ANSWER. 49 

As to specification first, he admits that he did assault 
and strike the said 0. D. ; but he alleges that he did the 
same in necessary defence of his own person (family or 
property), the said 0. D. having then and there first 
assaulted him ; and he further alleges that he used no 
more force than was necessary to repel the injury which 
the said 0. D. then and there attempted against him. 
(Hero insert any other material facts in justification.) 

As to specification second, he admits that he did use 
toward the said 0. D. the words therein specified ; but 
he alleges that he was greatly provoked thereto by 
violent and abusive language then and there used toward 
him by the said 0. D., which language was as follows : 
(here set forth the language, and any other material 
facts in extenuation.) 

As to specification third, he says that he is not 
guilty. 

Dated , A. L. 58.. . 

A B 

The accused may choose any Master Mason to act as 
his counsel, and to assist him in his defence. If the 
Master has appointed, or the accuser has chosen, 
counsel for the prosecution, the accused may, for any 
good cause, object to such counsel ; and vice versa. 
The Master should thereupon, if he deems such ob- 
jection well taken, remove the counsel thus objected 
to, and appoint, or allow to be chosen, other counsel 
in his stead. 

All counsel in Masonic trials, whether for the prose- 
3 



50 MASONIC TRIALS. 

cution or defence, must always be of the degree of 
Master Mason, and in good standing. 

If the accused do not appear in person nor by 
counsel, the Master may appoint counsel for the 
defence in his discretion, whose duty it will be to see 
that the trial is fairly conducted, and the rights of the 
accused not imperilled. A Mason under suspension 
cannot be admitted into the Lodge; he must, therefore, 
appear and answer (if at all) by agent or attorney. 

Entered Apprentices and Fellow Crafts can only ap- 
pear in a Lodge opened upon the degree to which they 
have attained, and, therefore, in the trial of a Mason 
of either of these inferior degrees, all proceedings at 
which the accused is entitled to be present, must be had 
upon the highest degree to which the accused has 
attained. He is entitled to be present at all pro- 
ceedings in the trial prior to the final deliberation, 
judgment, and sentence. 



YI. 

OF THE PEOOFS. 

If the charges are denied by the accused, prooft 
must be taken as to the facts involved. 

By the affirmation of the charges and specifications 
on one side, and their denial on the other, an issue 
is raised; and that issue can only be decided upon 
evidence. 

The proofs may be taken before the Lodge, or 
before Commissioners appointed for that purpose. If 
the latter course be pursued, the Master appoints the 
Commissioners (usually three in number) before whom, 
or a majority of them, all the proofs in the case should 
be taken. Each of the Commissioners, unless present 
at the time of his appointment, should be immediately 
notified of the same by the Secretary. 

NOTICE TO COMMISSIONERS. 

To Brothers GL H., I. J., and K. L., of Lodge, 

No , of Free and Accepted Masons. 

Please take notice, that at a regular communication of 
said Lodge, held on the day of . . . , A. L. 58 . . . , you, 



52 MASONIC TRIALS. 

and each and every of yon, were appointed Commissioners 
to take proofs in the matter of certain charges intro- 
duced in said Lodge on the day of . . . ., A. L. 58 . . ., 

by Brother C. D. against Brother A. B. ; and you, or a 
majority of you, are hereby directed to proceed to take 
all the proofs pertaining to said matter, and report the 
same in writing, with your doings, to said Lodge, with 
all convenient speed. 

By order of the Lodge. 
Dated...., A. L. 58... 

E F , Secretary. 

( Seal ) 
< of the V 
( Lodge ) 

The accused may object to either or all of the Com- 
missioners, and the Master must decide upon the 
sufficiency of the objection. The Commissioners 
should appoint a time and place of meeting for the 
purpose of taking testimony, of which the accuser and 
accused, or their counsel, must have due and reasonable 
(usually ten days) notice. 

In all cases the whole of the testimony, of a nature 
proper to be written, must be reduced to writing, and 
carefully preserved in the archives of the Lodge. 

If there be material testimony of such a nature that 
it cannot be produced at the place where the Lodge is 
located, or the meetings of the Commissioners held, 
the same may be taken by either party at any other 
reasonable time and place, upon permission of the 



OF THE PROOFS. 53 

Master ; due notice being first given to the opposite 
party, and to the Master or Secretary of the Lodge. 

Eoth the accuser and the accused, with their counsel, 
have the right to be present at the taking of all 
testimony. 

NOTICE TO PARTIES TO ATTEND BEFORE COMMISSIONERS. 

To Brother 0. D., accuser, and Brother A. B., accused, 
(or their counsel, as the case may be). 

Take notice, that the undersigned Commissioners will 

meet at the hall of Lodge, No . . . ., of Free and 

Accepted Masons, at , on the. . . .day of. . . ., A. L. 

58 . . ., at o'clock in the noon, for the purpose of 

taking proofs relating to the charges preferred by 
Brother 0. D. against Brother A. B., now pending in 
said Lodge ; at which time and place your attendance is 
requested. 

Dated...., A. L. 58... 

G H ,) 

I J , >- Commissioners. 

K L ,) 

The testimony for the prosecution must first be 
taken, and after the accuser shall have closed his 
proofs the accused may introduce the proofs for his 
defence. If any new matter be brought out, or any 
new questions raised by the testimony for the defence, 
the prosecution may rebut the same, but cannot enter 
into any new matters, unless the accused be allowed to 
reply to the same by counter-proofs. 



54 MASONIC TRIALS. 

The official books and records of the Lodge are evi 
dence in themselves ; so also are the charter, constitu- 
tion, and by-laws of the Lodge. 

But the certificate of the Master or Secretary, in 
the absence of entry upon the approved records of the 
Lodge, is not sufficient evidence of the transactions of 
the Lodge. A Lodge is bound by the records which 
it has duly approved, and no further. It has power 
to amend its records, upon such evidence as is deemed 
sufficient; and such amended record, duly attested, 
has all the force and effect of an original record. But 
neither the Grand Lodge nor sister Lodges are war- 
ranted in receiving as evidence to control their action, 
statements or allegations from any source, presuming 
the inaccuracy of said records; unless, indeed, the 
Lodge be put upon trial before the Grand Lodge for 
falsifying its records, which brings up quite another 
matter. 

The best evidence of which the circumstances of the 
case admit must always be produced, if possible. If 
the production of the best evidence be shown to be 
impracticable, then secondary evidence may be of- 
fered. 

A witness cannot be compelled to criminate him- 
self. 

All testimony that is relevant to the facts in issue 
should be admitted. That which is irrelevant should 
be excluded. As a general rule, hearsay evidence 



OF THE PROOFS. 55 

should be excluded. Although many of those techni- 
cal rules of evidence which apply in courts of law are 
not recognized in Masonic tribunals, yet there are cer- 
tain fundamental principles of proof which must apply 
to all human investigation, without which rights can- 
not be protected and truth elicited, and among them 
are the few above mentioned. 

Both parties have the right of cross-examination. 
Either party may object to any proofs offered by the 
other, and the Master or Commissioners must decide 
the sufficiency of such objection. 

Any discreet person is a competent witness. The 
testimony of a Mason may be taken upon his Masonic 
honor ; for Masonry regards no obligation to speak the 
truth more binding than its own. The testimony of 
profanes must be upon oath, duly administered by any 
officer competent under the law to administer oaths. 
If the testimony of a profane is to be taken before the 
Lodge, then the Lodge must be called from labor to 
refreshment, and sit as a committee, during his intro- 
duction and examination. 

The testimony of an Entered Apprentice or a Fel- 
low Craft, if taken in open Lodge, must be upon the 
degree corresponding to the rank of the witness ; after 
which the Lodge should be closed upon the inferior 
degree, and opened upon the degree of Master Mason. 

During the taking of testimony before the Lodge, 
either the W< rshipful Master or any member of the 



56 MASONIC TRIALS. 

Lodge may put such questions as he pleases to any 
witness ; but in case of a question being put by any 
member of the Lodge, either party to the trial may 
object to such question, and the Master shall decide 
upon the objection, either admitting or excluding the 
testimony as he may think proper ; but no objection 
can be interposed to any question put by the Master. 

The personal attendance of all witnesses should be 
obtained when practicable. The oral examination of 
a witness is always greatly preferable to the use of his 
written deposition. Depositions or affidavits should 
only be used in those cases where the personal at- 
tendance of the witnesses cannot be conveniently 
obtained. 

A person under sentence of expulsion from all the 
rights and benefits of Masonry cannot testify upon his 
Masonic honor, for he has none. He has no part nor 
lot in any of the privileges of the order. 

One under sentence of suspension is a competent 
witness, but he cannot be admitted into the Lodge, nor 
be received or treated in any manner as a Mason. He 
is for the time being attainted, and his testimony must 
be taken in all respects as that of a profane. 

The accuser, although not always a disinterested 
party, is a competent witness upon the trial. 

The attendance of witnesses who are Masons is en- 
forced by summons. "Wilful disobedience of such sum- 
mons, or a refusal to testify while under examination 



,0F THE PROOFS. 57 

as a witness, is a Masonic offence, which SLbjects the 
offender to discipline. 

SUMMONS FOE WITNESS TO TESTIFY BEFORE THE LODGE. 

To Brother M.N. 

You are hereby summoned and required to attend as 

a witness, at the hall of Lodge, No . . ., of Free and 

Accepted Masons, at. . . ., on the. . . . day of , A. L., 

58 . . ., at o'clock in the .... noon, then and there to 

testify what you may know in the matter of the charges 
now pending before said Lodge against Brother A. B. 

Dated.... A. L. 58.... 

P , Master. 

SUMMONS FOR WITNESS TO TESTIFY BEFORE COMMIS- 
SIONERS. 

To Brother M. N. 

You are hereby summoned and required to attend as 

a witness before Brothers , Commissioners by me 

appointed, at the hall of Lodge, No . . . ., of Eree and 

Accepted Masons, at , on the. . . . day of , A. L. 

58 ,at o'clock in the noon, then and there to 

testify what you may know in the matter of the charges 
now pending before said Lodge against Brother A. B. 

Dated , A. L. 58 

P , Master. 

All summonses are to be issued by the Master, upon 

application to him by either party, or his counsel. 

If the witness will attend without summons, none 

need be issued; and no summons should in any case 

3* 



58 MASONIC TRIALS. 

be issued to a profane, as he is not in any manner sub- 
ject to Masonic jurisdiction. 

The Secretary should carefully and particularly re- 
cord all the proceedings taken in the trial. The tes- 
timony need not be entered at large upon the record, 
but must always be carefully preserved by the Sec- 
retary. 

If the proofs are taken before Commissioners, they 
should keep full minutes of all their proceedings, and 
report them, together with all the evidence, to the 
Lodge. 

It is not proper for the Commissioners to report 
their opinion as to the guilt or innocence of the 
accused ; they ought simply to report their doings, 
with the testimony taken by them, for the action of 
the Lodge. In some jurisdictions the contrary practice 
prevails, and the Commissioners are directed to re- 
port their opinion as to the guilt or innocence of the 
accused ; but the practice is erroneous, and ought to 
be corrected wherever it prevails. The only proper 
object of appointing a Commission is to get at the facts. 
It belongs to the Lodge alone to pass judgment upon 
those facts. 

It should be remembered, however, that this rule 
applies only to trials in subordinate Lodges. In Grand 
Lodge trials the Commissioners report the facts, to- 
gether with such opinion and recommendation as they 
think proper. 



OF THE PROOFS. 59 



REPORT OF COMMISSIONERS. 



To the Worshipful Master, Wardens, and Brethren 
of Lodge, No. . ., of Free and Accepted Wasons. 

The undersigned Commissioners, heretofore appointed 
to take proofs in the matter of the charges and specifica- 
tions introduced in said Lodge on the. . . . day of , 

A. L. 58. . ., by Brother 0. D., against Brother A. B., 
have discharged that duty, and beg leave to report as 
follows : 

After five days' written notice to the parties (or their 

counsel) the Commissioners met at , on the 

day of , A. L. 58. . ., at o'clock in the noon. 

Present, Brothers Gr. H., I. J., and K. L., Commis- 
sioners. Brother was chosen clerk of the 

Commission. 

The accuser appeared in person, without counsel. The 
accused appeared in person, with as his counsel. 

The charges and specifications and the answer were 
then read. 

Brother , . was then introduced as a witness in 

support of the charges. The accused, by his counsel, 
objected to said witness being allowed to testify upon 
his honor as a Mason, for the reason that he was under 
sentence of expulsion. The fact of expulsion being made 
to appear, the Commission sustained the objection, and 

the witness was then sworn by Brother , a Notary 

Public, and testified as follows : 

I am a Master Mason, not in good standing. (Here 
insert the language of the witness in full.) 

The witness was then cross-examined by the counsel 
for the accused, and testified as follows : (Insert his 



60 MASONIO TRIALS. 

language.) The accuser then announced that he had 
no further proofs. 

The Commissioners then adjourned to meet at the 

same place on the day of . . . ., A. L. 58 . . . , at ... . 

o'clock in the .... noon. 

(Date.) 

Commissioners met pursuant to adjournment. Pres- 
ent, Brothers G. H., I. J., and K. L., Commissioners. 
The Worshipful Master not being present, Brother 
G. H. acted as chairman. 

The accuser and accused appeared as before. 

Brother was then introduced as a witness for 

the accused, and testified upon his Masonic honor as 
follows : (Here insert the testimony in full.) 

The official record of Lodge, No . . . , of Free 

and Accepted Masons, of the date of , A. L. 68 . . . , 

was then introduced and read in evidence, which record 
is as follows : (Here set out that portion of the record 
put in evidence in full.) 

Both the accuser and accused then announced that 
they had no further proofs. 

The proofs being closed, the Commissioners adjourned 
without day. 

Hereto annexed are the charges and specifications 
and the answer aforesaid, heretofore referred to the 
Commissioners. 

All of which is respectfully submitted. 

G H ,,.,.) 

I J ,> Commissioners. 

K L ,) 

Dated ,A. L. 58... 

If the accused does not appear, proof of service of 



OF THE PROOFS. 61 

notice upon him, or any other facts pertaining thereto, 
must be made before the Commissioners, and embodied 
by them in their report. But if the accused has not 
answered to the charges, no notice to him is necessary. 
All objections, motions, and rulings made by or before 
the Commissioners must be set out in full in their 
report, in order that either party may take the benefit 
of an appeal, if he so desire. 

The accused should be allowed to make any state- 
ment or explanation he may choose before the Lodge. 
Such statement or explanation is for the Lodge to 
consider, and they may give it such credit, in whole 
or in part, as under all the circumstances they think it 
entitled to. But he cannot be cross-examined upon 
any statement he may make, without his consent ; and 
if questions are put to him, he may answer them or 
not, as he pleases. He cannot be summoned nor 
subjected to examination as a witness in the case. 

Any explanation which the accused may desire to 
make should be received at any time before judgment. 

If the accused answers that he is guilty of the 
charges and specifications, nothing remains but for the 
I odge to determine by ballot the degree of punishment 
to be inflicted ; all necessity for the taking of proofa 
being obviated by such answer. 

If the accused appear, but refuse to answer, that 
fact should be entered of record, and the trial should 
then proceed as though he had answered not guilty. 



VII. 

OF THE AKGUMENT. 

Upon the closing of the proofs before the Lodge, t* 
the reception of the report of the Commissioners, the 
accuser and accused have the right, either in person or 
by counsel, to argue the case before the Lodge. 

The usual order of discussion should be followed. 
The accuser, having the affirmative of the issue, opens 
the argument; the accused, having the negative, 
replies to the case made by the accuser, and urges all 
proper points in his own defence. The accuser then 
closes the argument by replying to the arguments of 
the accused ; but the accuser should not be allowed, in 
closing, to raise any new questions or urge any new 
matters, unless leave be also given the accused to 
reply. 

The Master has the right to limit the parties in their 
argument to such time as he may think proper ; but if 
he intends enforcing any limit, he should give the 
parties notice before the opening of the argument; 
otherwise great inconvenience might be suffered. 

The parties should be confined in the argument 



0E THE ARGUMENT. 63 

strictly to the subject-matter; and no personal abuse, 
unraeri ed accusations, or violent and improper lan- 
guage o* any kind should be allowed. 

Either party may call the other to order in the 
argument (as also may any member of the Lodge) ; 
and when such call to order is made, the party speak- 
ing must stop, and remain silent until the point of 
order is decided by the Master : and if the point of 
order is sustained, the party must proceed in his 
argument in accordance with such direction as the 
Master shall give. For a refusal to comply with such 
direction, the Master may seat the refractory party or 
counsel ; or, if his conduct be grossly improper, may 
cause him to be immediately conducted from the 
Lodge. 

It should be remembered that the relation of parties 
and counsel in a Masonic trial is still that of brethren, 
and differs materially from that of parties and counsel 
in an action before a court of law. In any Masonic 
proceeding, of whatever nature, truth, candor, and 
courtesy are never to be forgotten. Passion, invective, 
or recrimination ought never to be indulged, and when 
manifested from any source, at any period of the trial, 
should be promptly checked by the Master; and 
especially should the Master be mindful of his own 
conduct in these particulars. 

It would in all cases be a great advantage if parties 
or counsel would prepare a carefully written brief of 



64: 



MASONIC TRIALS. 



the points and authorities presented in argument. 
Such briefs, left in the hands of the Master at the close 
of the argument, would often tend materially to aid the 
Lodge in the examination of the law, and would also, 
in many instances, be valuable for reference in other 




YIIL 



OF THE DELIBERATION, 



Upon the conclusion of the argument (or, if there he 
n o argument, then upon the conclusion of the testimony), 
the accuser and accused, with their counsel, and every 
other person not authorized to vote upon the final 
decision of the case, must retire from the Lodge. The 
doors should then be closed for deliberation, and no 
brother should be allowed to withdraw until after the 
sentence, except for urgent reasons. 

It is proper, at this stage of the proceedings, for any 
brother to express his views of the case, and of the law 
and facts involved. A full and free interchange of 
ideas is often of the highest benefit at such a time. 
The members of the Lodge are then acting as a bench 
of judges, to whom the pleadings and proofs have been 
finally submitted. They are deliberating upon their 
final judgment in the case, and each one has a right to 
whatever light and knowledge his brethren may pos- 
sess. False notions are often thus eradicated, errors of 
fact corrected, or prejudices overcome ; the result of 



66 MASONIC TKIALS. 

which is the harmonious settlement of the collective 
mind of the Lodge upon a just and equitable judg- 
ment. 

Not only should the facts be carefully canvassed, but 
every principle of law connected with the case should 
be distinctly understood by every brother before the 
vote is taken. If there be doubt or misunderstanding as 
to a question of law, the best authorities should be at 
once consulted. 

The Master may, and should, for the information of 
the brethren, give his opinion as to the law ; yet his 
judgment cannot control theirs. Each one must act 
independently, and upon his own individual judgment, 
guided by the best light which he can obtain. All 
are judges, and all are equal. 

When every fact, interest, and principle involved in 
the case shall have been deliberately convassed, and 
when every brother shall have distinctly comprehended 
the issue in all its bearings, then, and not till then, the 
Lodge will be prepared to vote upon the question of 
the guilt or innocence of the accused. 

Let no one deem that we attach too great impor- 
tance to this stage of the trial, for it is the very crisis 
of the case. 'No member should allow himself to 
become impatient, nor treat with indifference the 
slightest interest involved ; but let him remember that 
it is his brother who is upon trial ; and let him devote 
to the subject all that patient investigation and careful 



OF THE DELIBERATION. 67 

solicitude which he would wish that brother to devote, 
if himself and the accused were to exchange positions. 
Let that noble admonition which is so eloquently given 
in the Middle Chamber be borne in every heart — that 
in the decision of every trespass each one may judge 
with candor and reprehend with justice. 





IX. 

OF THE JUDGMENT. 

Final judgment upon the guilt or innocence of the 
accused can only be passed in a Master Mason's Lodge. 
None should be present but those lawfully qualified 
to vote upon the case ; namely, all actual members of 
the Lodge in good standing, except the accuser and 
accused, and their counsel. 

An honorary member who is not also an actual 
member, cannot vote nor be present. But the fact of 
an actual member having been also elected an honorary 
member, does not abridge his rights in any respect as 
an actual member. If he holds both relations to the 
Lodge, he may exercise all the rights of both ; if he 
holds but one, then he has only the rights of that 
one. 

The simple question of the guilt or innocence of the 
accused is the one upon which the vote of the Lodge is 
first to be taken. 

The vote should be by ballot. In some States the 
vote is required to be taken viva voce ; but the ballot 



OF THE JUDGMENT. 69 

is the only method by which secrecy can be secured, 
and it is in strict accordance with Masonic nsage. A 
Mason has the same right to a secret ballot here as in 
voting upon the initiation or advancement of a candi- 
date. He cannot be questioned, in the Lodge nor 
elsewhere, as to how he voted. To his own conscience 
and to his God he is alone responsible. Where, as in 
some jurisdictions, every brother is required to rise 
and declare his vote in open Lodge, the independence 
and freedom of individual action are in many instances 
greatly impaired, and the ends of justice thereby often 
defeated. A brother may have the strongest and most 
honorable reasons for concealing his vote from the 
accused ; a thing which it would be practically impos- 
sible for him to do except by a secret ballot, however 
theory may run to the contrary. 

The vote should be taken upon each charge or speci- 
fication separately ; and the Lodge may acquit or con- 
vict upon a part or all of the charges and specifications, 
as they may deem just. 

The particular method of balloting lies in the dis- 
cretion of the "Worshipful Master; though the ball 
ballot is more strictly Masonic. If it be by ball bal- 
lot, the usual practice is to cast black for "guilty," 
and white for " not guilty ;" if paper ballots are cast, 
the words " not guilty," or " guilty," should be plainly 
written, and the ballots so folded that they cannot be 
read as they are cast. 



ro 



MASONIC TRIALS. 



Tlie "Worshipful Master and Wardens are the proper 
officers to inspect and declare the ballot. 

Two-thirds of all the votes cast are required to con- 
vict. 

There being no possibility of a tie where a majority 
of two-thirds is required, the Master has the same vote 
as any other member, and no more. 

The result of the ballot upon each charge or specifi- 
cation should be recorded by the Secretary in regular 
order, with the numbers severally cast for "guilty" 
and " not guilty." 

ISTo brother can be excused from voting except by 
the unanimous consent of the Lodge. 

If it appear, upon counting the ballots, that less 
than two-thirds are cast for "guilty," the accused 
stands acquitted, and the judgment of the Lodge must 
be so recorded and declared forthwith. 

Upon a judgment of acquittal, the proceedings are ab- 
solutely terminated, and the case is closed, so far as re- 
gards any further action by the Lodge. There can be no 
reconsideration of the vote, nor repassing of the ballot. 
The only remedy is by appeal to the Grand Lodge. 

But if the accused be convicted upon any or all of 
the charges and specifications, the question imme- 
diately arises as to the penalty that shall be inflicted. 

To the consideration of Masonic penalties, their na- 
ture and consequences, the attention of the reader will 
be directed in the next chapter. 



X. 

OF THE PENALTY. 

The accused having been found guilty, in the 
manner set forth in the preceding chapter, it only 
remains for the Lodge to inflict such lawful penalty 
as, under all the circumstances, shall be deemed most 
just. 

But three penalties are known to Masonic jurispru- 
dence, yiz. : 

1. Expulsion. 

2. Suspension (either definite or indefinite). 

3. Reprimand. 

The first is an absolute dissolution of all Masonic 
ties ; an utter destruction of all Masonic rights. It is 
Masonic death. In many jurisdictions this is the pre- 
rogative of the Grand Lodge only. 

The second is a temporary deprivation of the privi- 
leges of the Order, for a period during which the 
Masonic rights of the offender are held in abeyance, 
or suspense, but are not entirely destroyed. 



72 MASONIC TRIALS. 

The third is a mere expression of censure or disap- 
probation, without any deprivation, either temporary 
or otherwise, of Masonic rights and privileges. 

Expvlsion is the severest punishment Masonry in- 
flicts. !Not only does it rupture all the ties which 
bind the delinquent to the fraternity, but the result 
of his iniquity is visited upon the heads of his wife 
and children ; and both he and they are from thence- 
forth as much strangers to the Order as though he had 
never been a Mason. Neither he nor they are entitled 
to any Masonic relief whatever. He is no longer sub- 
ject to the penal jurisdiction in the Lodge. He can- 
not visit any Lodge, nor be recognized fraternally by 
any individual Mason, nor join in any Masonic pro- 
cession or ceremony, nor prefer charges in any Lodge, 
nor testify as a Mason upon any Masonic trial, nor 
receive the honors of Masonic burial. 

Expulsion from the Lodge expels, without further 
action, from all other Masonic bodies with which the 
accused may be connected in the York rite — whether 
a Chapter of Eoyal Arch Masons, a Council of Royal 
and Select Masters, or a Commandery of Knights 
Templar. But expulsion from any superior body — as 
from a Chapter, Council, or Commandery — does not 
expel from the Lodge, nor from any degree or body 
in Masonry below the one in which the sentence is 
passed. The three degrees which every Lodge con- 
fers are the foundation upon which Freemasonry, in 



OF THE PENALTY. 73 

all its degrees and departments, rests. When this 
foundation is removed, the entire Masonic edifice must 
fall. But the removal of any portion of the super- 
structure does not, for evident reasons, affect that 
which lies beneath. A further and most conclusive 
reason for this rule is also found in the covenant of the 
third degree. 

The penalty of expulsion being of so severe a na- 
ture, it should only be inflicted after the clearest proof, 
and for the greatest offences. Yet in cases which ren- 
der it necessary, it should be promptly and firmly ad- 
ministered. No false ideas of mercy should be allowed 
to overbear the well-being and safety of the whole so- 
ciety, for these are to be maintained at every hazard ; 
" that the honor, glory, and reputation of the institu- 
tion may be firmly established, and the world at large 
convinced of its good effects." The cause of justice, 
the dignity and authority of the law, and the fair 
fame of the Order, are matters of far greater moment 
than any personal interests of the offender. 

It is the theory of the law in this country, as well as 
in England, that the subordinate Lodge has power to 
try the delinquent, and, upon conviction, to pronounce 
the sentence of expulsion, but that the sentence must 
be confirmed by the Grand Lodge, to make it final. 
This confirmation is given (except in case of appeal) 
by the silent reception of the report of the Secretary 
of the subordinate Lodge ; and, by Masonic usage, the 



74 MASONIC TRIALS. 

sentence of the Lodge stands in full force in aU cases, 
until formally revolved by the Grand Lodge. 

Suspension, whether definite or indefinite, subjects 
the offender, for the time being, to nearly the same 
disabilities as expulsion, except that those disabilities 
are temporary instead of permanent. During the 
period of his actual suspension, he is prohibited from 
the exercise and enjoyment of any of his Masonic 
privileges. His rights are placed in abeyance — or, as 
the sentence implies, suspension — and he can neither 
visit or join other Lodges, nor hold Masonic commu- 
nication, nor receive fraternal relief or fellowship from 
any Masonic body or brother whomsoever, during the 
period of his suspension. But he is still a Mason. He 
is still subject to the penal jurisdiction of the Lodge. 
His Masonic relations are not lost nor destroyed, but 
only temporarily interrupted ; to be resumed in their 
fulness as soon as the period of his suspension shall 
expire, or his sentence be revoked. 

Definite and indefinite suspensions are precisely 
similar in their immediate effects, and differ only as 
regards the time of their continuance and the manner 
of restoration from their disabilities. 

Definite suspension ceases upon the expiration of 
the period for which it was declared, being terminated 
by mere lapse of time. 

Indefinite suspension continues, as the term indicates, 
indefinitely ; that is, until the Lodge interposes by its 



OF THE PENALTY. 75 

act of restoration ; being terminated, not by lapse of 
time, bnt by the positive action of the tribunal by 
whose sentence it was inflicted. 

A singular conflict of authority exists among the 
various jurisdictions of the United States upon the 
question of definite and indefinite suspension. "While 
some Grand Lodges hold that definite suspension is 
illegal, and that indefinite suspension alone is legal, 
others hold with equal tenacity to the exact contrary, 
declaring that indefinite suspension is illegal, and that 
definite suspension alone is legal. Amidst all this 
confusion, I find by far the greater weight of opinion, 
as well as of usage, sustaining the legality of both 
of these penalties, and upholding the right of Lodges 
to inflict either of them in their discretion ; ranking 
indefinite suspension as the severer penalty of the two, 
and consequently first in order upon the ballot. 

The consideration of the second point of distinction 
between definite and indefinite suspension, namely, the 
several methods of restoration from their disabilities, 
will be deferred until a subsequent chapter. 

A delinquent under sentence of suspension, whether 
definite or indefinite, (or of expulsion,) is not liable t< > 
pay dues. Lodge dues are paid for the enjoyment of 
certain rights which pertain to membership, and pay- 
ment for the privileges of membership is suspended 
upon the suspension or cessation of that membership. 
It would certainly be against all principles of equity 



76 MASONIC TRIALS. 

to compel payment of dues, while the very considera- 
tion of those dnes was withheld. 

This is the general law of Masonry, and the almost 
universal practice; though in some jurisdictions (as 
in Michigan, by an edict passed in January, 1870), 
upon the restoration of a delinquent from suspension, 
the party restored is required to pay dues for the whole 
period of his suspension. It is, of course, competent 
for the Grand Lodge to require, as a condition of 
restoration, the payment of a sum equivalent to the 
dues which would have accrued if the brother had 
never been suspended, as the subject is not regulated 
by the landmarks; but the sum so paid cannot 
properly be termed dues, for dues are strictly an 
incident of membership ; and, as the delinquent had 
no membership during the period of his suspension, 
no dues, properly speaking, could accrue against him 
while suspended. The sum so required and paid, is 
rather the price of restoration, than accrued in- 
debtedness. 

Reprimand is the mildest form of Masonic punish- 
ment, and consists in a formal reproof, administered 
by the Master in open Lodge, in pursuance of a sentence 
of the Lodge to that effect. It does not in any way 
affect the Masonic standing of the accused. It de- 
prives him of no privileges, and abridges none of his 
rights. 

The terms to be used in the infliction of this penalty 



01" THE PENALTY. 77 

are of course left to the discretion of the Master, but 
he should remember that the punishment consists in 
the fact that the reprimand has been ordered, and not 
in any particular severity of language, and should 
therefore avoid any uncourteous remarks. No mere 
words can add anything to the ignominy of the sentence. 

The distinction which some writers endeavor to 
make between public and private reprimand, and 
between reprimand and censure, is not warranted by 
Masonic law nor sanctioned by any correct usage. It 
but serves as an illustration of those distinctions with- 
out difference, the only tendency of which is to darken 
the subject which they are designed to elucidate. 

It is an inflexible principle of Masonic law that no 
Mason can be suspended or expelled, nor in any way 
punished, nor deprived of any Masonic right or 
privilege whatsoever, without charges and specifications 
regularly filed, and due trial and lawful conviction 
thereupon, with opportunity to the accused to appear 
and defend. This principle has been affirmed with 
one unanimous voice by Grand Lodges and leading 
Masonic jurists throughout the world ; and yet there 
is an opinion in the minds of thousands of Masons 
that for non-payment of dues, and some other de- 
linquencies, the name of the delinquent may be 
stricken from the roll, and his membership thereby 
temporarily suspended, by a mere resolution of the 
Lodge, without any charges, notice, or trial whatever ; 



78 MASONIC TRIALS. 

and the erroneous practice actually prevails in man^ 
Lodges. 

The so-called penalty of " striking from the roll" or 
" exclusion" is in direct violation of Masonic law, un- 
known to correct Masonic usage, and should not be 
considered for an instant within the walls of any well- 
regulated Lodge. The Master has the power, by his pre- 
rogative, to exclude any one from the Lodge (except the 
Grand Lodge, the Grand Master, his deputy or proxy, 
or the Grand Visitor and Lecturer, coming in official 
capacity), upon such reasons as may seem to him suffi- 
cient ; but it is a power incident only to his office. It 
is not in the nature of a penalty, but a protection ; and 
with the exercise of that power the Lodge neither has 
nor can have anything whatever to do, either by its 
by-laws or by any judicial action. 

Neither can membership be suspended or terminated, 
nor any other deprivation or penalty inflicted by the 
mere operation of a by-law, without opportunity to de- 
fend or explain ; and any by-law to that effect is abso- 
lutely void, as being in conflict with the constitution 
of Masonry. No penalty whatever can be inflicted 
except after due trial and lawful conviction. 

The infliction of fines as a penalty upon refractory 
members or brethren is also inconsistent with ancient 
Masonic law and usage. 

After the ballot by which the accused is convicted, 
the vote must be taken upon the penalty in the follow* 



OF THE TENALTT. 79 

ing order, beginning with the highest and descending 
to the lowest, nntil the requisite vote is given to de- 
clare the sentence — viz : 

1. Expulsion. 

2. Indefinite Suspension. 

3. Definite Suspension. 

4. Reprimand. 

The vote should be by ballot, and the same rules 
regulate the ballot here as in passing judgment upon 
the question of guilt or innocence. 

A two-thirds vote is required for sentence of expul- 
sion or suspension. 

Sentence of reprimand may be passed by a majority 
vote. 

The severity of the penalty is not regulated in the 
Masonic, as in the municipal law, by the particular 
offence committed, but rests solely in the discretion of 
the Lodge having jurisdiction in the case. Any one 
(but only one) of the three Masonic penalties may be 
inflicted for any Masonic offence, unless there be 
special provisions of law to the contrary ; all the facts 
and circumstances being taken into consideration by 
the Lodge in fixing the sentence. But when special 
constitutional or legal provisions are laid down, those 
provisions must of course be followed ; and if, as is the 
case in some Lodges, the by-laws provide a particular 
one of the three Masonic penalties for a particular 
offence (as, for instance that the penalty for non-pay- 



so 



MASOmO TRIALS. 



ment of dues shall bo limited to suspension) the Lodge 
must be governed by the limitation so provided. But 
if the by-laws provide a penalty or proceeding unknown 
to Masonry — as, for example, a fine, or striking from 
the roll, or exclusion from the Lodge, or forfeiture of 
office — such provision is null and void, and should be 
so treated ; for though every Lodge has the power to 
regulate its internal police by the adoption of by-laws, 
yet such by-laws must be consistent both with the con- 
stitution of the Grand Lodge and with the ancient 
landmarks and usages of Masonry. 

If the case shall seem to warrant such a course, the 
Lodge may refrain from inflicting any penalty what- 
ever; in which event the Masonic standing of the 
accused will not in any way be affected. Although 
the judgment of conviction will still stand against him, 
yet his legal relations to the Order will remain un- 
changed ; for the loss of Masonic rights is the result of 
the sentence, and not of the conviction. It is the penalty 
of expulsion or suspension, and not the judgment of 
" guilty," that changes the status of the delinquent. 

If, in voting upon all the Masonic penalties in their 
proper order, there shall not be obtained the requisite 
vote for the infliction of any penalty whatever, the 
Lodge cannot reconsider its action and inflict punish- 
ment by a subsequent vote. 

The result of the vote upon each penalty should be 
entered at large upon the record, with the number of 



OF THE PENALTY. 81 

votes pro and con in each instance, and in the order in 
which the proceedings occur. 

After the Lodge has completed its action, the accusei 
and accused, with their counsel, should be readmitted, 
and the result announced to them by the Master. 

If not present, they should at once be officially noti 
fied of the action of the Lodge by the Secretary. 

NOTICE OF JUDGMENT AND SENTENCE. 

To Brothers A. B. and 0. D. (or to either of the parties 
or their counsel, as the case may be). 

Take notice, that in the matter of the charges and 

specifications introduced in Lodge, No . . ., of Free 

und Accepted Masons, on the day of , A. L. 

58..., by Brother 0. D., against Brother A. B., the 
said Lodge did, on the day of , A. L. 58. . ., ad- 
judge the said A. B. guilty of said charges, and of 
specifications Nos. 1 and 2 made thereunder ; but of 
specification No. 3 it did adjudge him not guilty; and 

thereupon the said Lodge did pass sentence of 

(state the penalty particularly) against the said A. B., 
which sentence now stands recorded against him in said 
Lodge. 

Dated , A. L. 58... 

E P , Secretary. 

If no sentence was passed, let the notice so specify. 

All expulsions should be reported forthwith to the 
Grand Secretary of the Grand Lodge. In some juris- 
dictions they are required to be also reported to adja- 
cent Lodges, as are also cases of suspension. 



82 MASONIC TRIALS. 

If the person expelled or suspended were a member 
of another Lodge than the one wherein he was tried, 
the Lodge in which he held his membership should be 
immediately notified of the proceedings. 

The practice which prevails in some localities, of 
publishing expulsions in profane journals and news- 
papers, is unmasonic, and highly improper. Masonry 
is not accountable to the general public for any judicial 
action taken by its tribunals. Besides, the action of 
a Lodge, Chapter, or Commandery, in a Masonic trial, 
is strictly of a private and Masonic nature, and is 
important to Masons only, and ought not to be 
published broadcast to the world. Publication in a 
strictly Masonic journal would be less objectionable ; 
but even that should not be done unless required by 
law. Simply the notice which the constitution and 
edicts of the Grand Lodge require, is all that should be 
given ; and that over-zealous spirit which would carry 
the matter farther than the letter of the law itself, is 
always ill-advised, and ought to be reprehended. 

NOTICE TO GRAND SECRETARY OF JUDGMENT AND 

SENTENCE. 

To the K. W. Grand Secretary of the Grand Lodge of 
F. and A. M. of the State of 

Please take notice, that on the day of , A. L, 

58 ... , Brother A. B. was tried by Lodge, No . . ., of 

F. and A. M., upon certain charges and specifications 
preferred against him in said Lodge by Brother 0. D«, 



OF THE PENALTY. 83 

for unmasonic conduct, which specifications are as fol- 
lows : (here set forth the specifications.) 

The said Lodge did then and there adjudge the said 
A. B. guilty of said charges, and of specifications Nos. 1 
and 2 made thereunder; but of specification No. 3 it 
did adjudge him not guilty; and thereupon the said 

Lodge did pass sentence of (state the penalty) upon 

the said A. B., which sentence now stands recorded 
against him in said Lodge. 

By order of the Lodge. 

Dated...... A L. 58... 

E F , Secretary. 



-j Seal, i 



The notice to adjacent Lodges should be in a similar 
form, simply changing the address. 
Here the case closes, unless an appeal be taken. 



XL 



OF APPEALS. 

Amr brother deeming himself aggrieved by the 
decision of his Lodge, or of the Master thereof, may 
appeal, in writing, to the Grand Lodge. (Ancient 
Landmarks, No. 13.) 

This great right is inalienable and indefeasible ; and 
it is not in the power of any Grand Lodge, nor of any 
body of Masons whomsoever, to deny, abridge, repeal, 
or modify it. It extends as well to Fellow Crafts and 
Entered Apprentices as to Master Masons ; it includes 
within its protection the rights of the humblest and 
the weakest, as well as of the highest and the strongest. 
Whosoever is subject to Masonic jurisdiction, is entitled 
to his redress by appeal to the tribunal of last resort. 

The features of a Masonic appeal are, that it may be 
taken by either party, and without regard to whether 
the accused were acquitted or convicted upon the trial. 
It applies as well in questions of law as in questions 
of fact, and lies from any erroneous action, ruling, or 
decision, whether of the Lodge, of the Master, or of 



OF APPEALS. 85 

Commissioners. It is, in short, the method, and the 
only method, whereby any error whatsoever (except as 
hereinafter mentioned) may be taken from the Lodge to 
the Grand Lodge for review and correction. 

The appeal must be taken, and notice thereof given 
in writing to the subordinate Lodge by filing the same 
with the Secretary thereof, within ninety days after 
the appellant shall have received official notice of the 
decision from which the appeal is taken; otherwise 
the appeal will not be entertained by the Grand 
Lodge. 

This, however, is not the universal rule, though it is 
the more general one. The time within which the 
appeal must be taken, is a subject of special legislation 
in the several grand jurisdictions. By some Grand 
Lodges, the limit is fixed at sixty days, by some at six 
months, by some at nine months, and by some at the 
next annual communication after the judgment; but 
by the great majority ninety days is the period allowed 
within which to appeal. If there be any doubt as to 
the time, the provisions of law in the particular juris- 
diction where the case arises should be at once con- 
sulted, and will of course govern. 

KOTICE OF APPEAL. 

To Lodge, No . . . , of Free and Accepted Masons. 

Take notice, that I intend to appeal from the action 
(or decision) of said Lodge (or of the Master of said 
Lodge, or of the Commissioners appointed to take 



86 MASONIC TRIALS. 

proofs, or all of them), in the matter of the charges 
preferred against me by Brother 0. D., whereby I was 

convicted of said charges, and sentence of passe^ 

against me (or set forth any other decision from 
which appeal is taken) ; and yon are hereby requested 
to make out and forward to the Grand Secretary of the 
Grand Lodge of Free and Accepted Masons of the State 

of certified copies of all papers, proofs, records, and 

proceedings pertaining to said matter, preparatory to 
the trial of said appeal at the next annual communica- 
tion of the said Grand Lodge. 

Dated...., A. L. 58... 

A B 

If the appeal be taken from the action or decision 
of the Worshipful Master in a matter disconnected 
from any trial, the notice should specify the subject 
matter fully; otherwise following the same general 
forms as above, and varying it in accordance with the 
facts. 

Upon the receipt of this notice it is the duty of the 
Secretary to immediately make and transmit to the 
Grand Secretary full and accurate copies, duly cer- 
tified, of the proceedings in the case as they are 
recorded upon the books of the Lodge, of the charges 
and specifications, answer or answers, notices, sum- 
monses, proofs, reports, and all matters in the archives 
of the Lodge pertaining to the subject-matter ; in order 
that the Grand Lodge may be enabled to come to a 
proper understanding and speedy decision thereof* 



OF APPEALS. 87 

The Secretary should minute the notice and return 
npon the records of the Lodge, in order that the his- 
tory of the case may be clear in case papers should be 
lost. 

The appeal must be made in writing, and should 
set forth the grounds upon which the appellant seeks 
redress. 

FORM OF APPEAL. 

To the M. W. Grand Lodge of Free and Accepted 
Masons of the State of 

The undersigned hereby appeals to you from the 

decision of Lodge, No . . ., of Free and Accepted 

Masons, in the matter of certain charges and specifi- 
cations preferred in said Lodge against this appellant 
by 0. D., whereby this appellant was convicted of the 
Raid charges and specifications, and sentence of suspen- 
sion passed against him ; and he specifies the following 
as the ground of his appeal, viz.: 

1. That the charges and specifications are vague, 
uncertain, and insufficient. 

2. That the Commissioners erred in refusing to admit 
the sworn affidavit of J. K. 

3. That the Worshipful Master erred in allowing 0. S. 
to act as counsel for the accuser, the said 0. S. being at 
the time under sentence of suspension. 

4. That the proofs were not sufficient to warrant the 
conviction. 

5. That the severity of the penalty is disproportion- 
ate to the offence proven. 

6. That the Lodge erred in passing sentence of sus- 
pension by a majority vote. 



88 MASONIC TRIALS. 

7. That judgment and sentence were passed while 
the Lodge was open upon the second degree of Ma- 
sonry. 

All of which will more fully appear from the records, 
proofs, and proceedings in the case. 

Dated...., A. L.58... 

A B , Appellant. 

A^y other matters upon which the appeal is 
grounded should be set forth in like manner, care 
being taken to specify them definitely and in order. 

The appeal may be taken generally, upon all mat- 
ters involved in the case; or specially, upon any 
decision or decisions, irregularity or irregularities, 
occurring in the course of the proceedings. 

The appeal should be filed with the Grand Secre- 
tary, which filing completes the steps to be taken by 
the appellant until the Grand Lodge shall convene. 

No copy or notice of the appeal is required to be 
served upon the appellee. The notice to the Lodge 
becomes, when filed, a part of the record in the case, 
of which the appellee is bound to take notice. 

No formal answer to an appeal is necessary, although 
one is sometimes put in ; and for the convenience of 
those who may desire to follow that practice, the fol- 
lowing general form is given : 

ANSWER TO APPEAL. 

To the M. W. Grand Lodge of Free and Accepted 
Masons of the State of 



OF APPEALS. 89 

In the matter of the appeal of A. B. from the decision 
of Lodge, No . . ., of Free and Accepted Masons. 

Comes 0. D., appellee (or the said Lodge, or 0. P., 
Worshipful Master of said Lodge, as the case may be), 
and in answer to said appeal denies that there was any 
error in the proceedings of said Lodge (or of the said 
Worshipful Master, or of the Commissioners) ; and fur- 
ther says that the same is sustained by the evidence m 
the case and by the law applicable thereto. 

Dated...., A. L. 58... 

C D , Appellee. 

If any answer be made to the appeal it should be 
filed with the Grand Secretary in like manner as the 
appeal, but no notice thereof is required to be made 
upon the appellant. Any special matters that the 
appellee may desire to set up can be covered by am- 
plification of the above form of answer. 

It is lawful to appeal directly to the Grand Master 
when the Grand Lodge is not in session, upon ques- 
tions relating to the general affairs and business of the 
Lodge, but not from the decision of the Lodge in trials 
for Masonic offences, where the question of guilt or 
innocence is involved. And inasmuch as his decision 
is subject to review by the Grand Lodge, it is prefer- 
able, even in matters where an appeal to him would 
be lawful, to appeal directly to the Grand Lodge, 
where alone a fined decision can be had. And 
furthermore, any interlocutory order which the appel- 
lant may desire to ol tain from the Grand Master, as 



90 MASONIC TRIALS. 

the stay of proceedings under the decision, for instance, 
can be obtained as well upon the riling of the appeal 
and return with the Grand Secretary as though the 
appeal had been made to the Grand Master himself; 
for upon his attention being called to the facts and 
proceedings as embodied in the return or transcript 
sent up by the Secretary, the Grand Master may make 
such interlocutory order as the case shall demand; 
which order will be of force until reviewed by the 
Grand Lodge. 

In case of any appeal to the Grand Master (which, 
be it remembered, cannot be made in a Masonic trial, 
where the question of guilt or innocence is involved), 
the notice of appeal should be framed with that view, 
and the appeal should be directed to him in his official 
character, otherwise following the general forms above 
laid down. The appeal and Secretary's return should 
in such case be remitted to the Grand Master, instead 
of to the Grand Lodge. 

For further remarks upon the subject of Appeals to 
the Grand Master, and the powers of that officer 
relative to trials and appeals, the reader is referred to 
Chapter XY. of this volume, where that subject is 
fully discussed. 

As has been remarked in a preceding chapter, no 
appeal can e^ver be taken from any action, ruling, or 
decision of the Worshipful Master to the Lodge itself. 
It is the prerogative of the "Worshipful Master tc rule 



OF APPEALS. 91 

and govern his Lodge, answering for his conduct only 
to his Masonic superiors, namely, the Grand Lodge, 
or, in the interim thereof, to the Grand Master. The 
fact that this results in the vesting of dictatorial power 
in the Master within his own Lodge, constitutes no 
real objection to the principle ; for the ancient institu- 
tion of Freemasonry is not based upon those principles 
of republican liberty and popular rights which are the 
only sure foundation and support of municipal govern- 
ments, but upon those ideas of patriarchal supremacy 
which pervaded the world during the ages in which 
Freemasonry took its rise. Notwithstanding the 
undoubted necessity of political freedom as a basis of 
public peace and prosperity, experience has proven the 
despotic powers of the Master to be the very aegis of 
our Masonic system — its sure protection against 
faction and discord within, and its strong defence 
against invading malice from without. In the hour 
of peril, the only safety lies in the prompt and power- 
ful action of a single will; and accordingly we find 
that in all well-organized governments, whether free 
or despotic, the executive power is placed in a single 
hand. It was the judicious exercise of the supreme 
power of the Grand Masters that saved the craft in 
Europe from destruction during the terrible persecu- 
tions waged against it by the Roman Pontiff in the 
thirteenth century. Yet the powers of the Worship- 
ful Master are by no means without prudent checks 



92 MASONIC TKIALS. 

and balances. His vows and obligations are of the 
most sacred and binding character, and that supreme 
appellate tribunal, the Grand Lodge, under whose 
watchful eye his every act must be performed, wields 
over him a power even more despotic than that which 
he exercises within the narrow limits of his own 
subordinate jurisdiction. His responsibility is pro- 
portionate to his power ; the account which he must 
render is commensurate with the high charge, com- 
mitted to his hands. 

That able Masonic writer, Dr. Mackey, observes 
that " some writers have endeavored to restrain the 
despotic authority of the Master to decisions in mat- 
ters strictly relating to the work of the Lodge, while 
they contend that on all questions of business an ap- 
peal may be taken from his decision to the Lodge. 
But it would be unsafe, and often impracticable, to 
draw this distinction ; and accordingly the highest 
Masonic authorities have rejected the theory, and 
denied the power in a Lodge to entertain an appeal 
from any decision of the presiding officer." In allud- 
ing to the safeguards that are thrown around this 
power, he further says : " The appellate court of the 
jurisdiction is ever ready to listen to appeals, to redress 
grievances, to correct the errors of an ignorant Master, 
and to punish the unjust decisions of an iniquitous 
one." 

The Master not only may, but must, sustain his own 



OF APPEALS. 93 

prerogative. He cannot, even by courtesy, entertain 
an appeal to the Lodge from any decision of the chair ; 
and to do so would be a palpable violation of a well- 
established principle of Masonic law. 

The decision of an officer lawfully occupying the 
chair pro tempore has the same force, and is governed 
by precisely the same rules, as though made by the 
Master himself. 

No appeal lies from the action of a subordinate 
Lodge (if regularly taken), in the admission of members 
or the election and initiation of candidates. The choice 
and regulation of its own membership is an inherent 
right of the Lodge, with which the Grand Lodge has 
no power to interfere. " Nor is this inherent privilege 
subject to a dispensation ; because the members of a 
particular Lodge are the best judges of it."— (Gen. 
Reg. of 1721, No. 6.) For any irregularity in such 
action, as, for example, balloting upon an inferior 
degree, or initiation upon a ballot found not clear, an 
appeal may be taken ; but not upon the question of 
the power and right of the Lodge to admit or reject, 
for that is a portion of that original control which has 
always been exercised, and never delegated, by the 
subordinate (or "particular") Lodges. 

The appeal must be prosecuted at the first regular 
communication of the Grand Lodge, after the time 
limited for taking the same shall have expired. 

If the appeal be not prosecuted seasonably, the 



94 MASONIC TKIALS. 

appellee may move to dismiss it for want of prosecu. 
tion ; and if, upon the hearing of the motion to dis- 
miss, no sufficient reason is shown for the delay, the 
appeal will be dismissed by the Grand Lodge. 

MOTION TO DISMISS APPEAL. 

In the matter of ) Appeal from 

Brother A. B. C Lodge, No . . . , F. and A. M. 

To the M. W. Grand Lodge of F. and A. M. of the 
State of 

The undersigned moves the Grand Lodge to dismiss 
the said appeal, for the reasons following — viz. : 

1. Because said appeal was not made within the time 

prescribed by law, more than having 

elasped after the judgment in said Lodge before the 
notice of the appeal was given. 

2. Because said appeal has not been prosecuted with 
reasonable diligence, no proceedings whatever having 
been taken for the trial of the same. 

Dated.... A. L. 58... 

D , Appellee. 

Upon the trial of the appeal the Grand Lodge of 
course adopts such method as it deems most proper ; 
but the usual practice is to refer the appeal, with the 
testimony and all matters connected therewith, to a 
committee, who, upon such reference, make a full 
investigation of the case, and report all material facts 
and questions involved therein, with a recommendation 
of the decision which, in the opinion of the committee, 



OF APPEALS. 95 

the merits of the case require. Upon the coming in of 
this report the Grand Lodge takes final action in the 
case, in like manner as though the investigation of the 
matter had been made by and before the whole body. 
If the report be unsatisfactory or incomplete, the case 
may be recommitted to the same or another committee 
for further examination, or such further examination 
may be made before the whole body of the Grand 
Lodge, as shall be deemed most expedient. The 
Grand Lodge may direct the amendment of the report 
of the committee in any particular, and, in its sovereign 
pleasure, may adopt, reject, or vary any recommenda- 
tion embodied therein. 

A case will not be reversed upon appeal for mere 
matter of form, provided substantial justice shall have 
been done ; but any error or irregularity in any paper 
or proceeding whereby any right shall have been with- 
held, any privation suffered, or any wrong or inequality 
caused, will be considered, and such order made in the 
premises as fairness and equity shall demand, whether 
it be of reversal, modification, or new trial. A reason- 
able adherence to forms and precedents is necessary in 
every judicial proceeding, and justice between man and 
man can only be reached by systematic methods of in- 
quiry and adjudication. The moment any tribunal 
departs from that established system of procedure 
which is sanctioned by law and usage, that moment 
the rights of all parties are endangered; for where 



96 MASONIC TRIALS. 

there is no standard there is no protection. Therein /e 
a proper adherence to those rules and forms which 
precedent has sanctioned should always be enforced in 
subordinate jurisdictions, unless rendered absolutely 
impracticable by the circumstances of the case. 
Urgent necessity can alone justify a departure from 
settled forms and methods, and a return to them 
should instantly follow the removal of that neces- 
sity. 

The Grand Lodge, or, in the interim thereof, the 
Grand Master, may order the Secretary of the Lodge 
from which the appeal is made to amend his report or 
transcript in whatever matter shall be deemed neces- 
sary, to the end that a complete understanding of the 
whole case may be had. 

It is competent for the Grand Lodge to receive any 
new evidence upon the trial of the appeal, for it not 
only holds appellate jurisdiction in the case, but it is also 
the supreme Masonic authority, subject only to its own 
constitution and the landmarks of the Order ; but no 
such evidence ought to be received by the Grand Lodge 
without reasonable notice being first given by the 
party desiring to take the same to the opposite party, 
specifying with particularity the nature of the evidence 
thus sought to be introduced. What is reasonable 
notice in such case is for the Grand Lodge to deter- 
mine, and the opposite party must have full opportu 
nity to rebut the new evidence thus introduced. 



OF APPEALS. 97 

NOTICE OF INTENTION TO TAKE NEW PEOOFS UPON TRIAL 
OF APPEAL BEFORE THE GRAND LODGE. 

To Lodge, No . . . , of Free and Accepted Masons. 

Take notice, that in the matter of the appeal from the 
decision of said Lodge, now pending before the Grand 
Lodge of Free and Accepted Masons of the State of . . . ., 
the undersigned will, upon the trial of said appeal, at the 
next annual communication of said Grand Lodge, offer 
the following proofs, in addition to those already on file 
and of record. (Here state the particular matters in- 
tended to be proven.) 

Dated.... A. L. 58... 

A JB , Appellant. 

In some jurisdictions a Court of Appeals is estab- 
lished by the Grand Lodge, by and before whom all 
appeals are tried. Where this practice prevails, such 
court has fall power to try and determine all matters 
pertaining to cases coming properly before it, under 
such regulations as the Grand Lodge may adopt for its 
government ; and the decisions and orders of such court, 
made within the established powers thereof, are of the 
same binding force and authority as though made by 
the Grand Lodge itself. By whatever name such a 
court may be called, or with whatever powers it may 
be invested, it is still, in legal effect, nothing more than 
a committee of the Grand Lodge. Its action is simply 
the action of the Grand Lodge, by its agent or referee. 
Though appeals be authorized directly to such a court, 



98 MASONIC TRIALS. 

they may still be taken directly to the Grand Lodge ; 
for the right to appeal to that supreme body is a land- 
mark of the Order, which not even the Grand Lodge 
can abridge or alter. The trial before a Court of Ap- 
peals is, then, only another method of trial by the Grand 
Lodge ; and it is not possible for the Grand Lodge, by 
vesting judicial power in such a tribunal, to divest 
itself of its own jurisdiction and responsibility in the 
premises. It may authorize, but cannot lawfully compel 
the taking of appeals to another bar than its own. To 
the Grand Lodge itself the aggrieved appoint has still 
the right to pray, and to his prayer the Giand Lodge 
is still bound to listen. 

After a due investigation of the ca^ the Grand 
Lodge may, by a majority vote — 

1. Affirm the decision appealed fron - 

2. Reverse the decision. 

3. Modify or change the decision. 

4. Award a new trial. 

If the penalty be too severe, the Grand Lodge may 
inflict a milder one ; if not sufficient, it may adjudge 
one more severe. It may sustain the judgment and 
revoke or alter the sentence, or it may set aside both 
together. It has, in short, sovereign jurisdiction in the 
premises, subject only to the limitations before men 
tioned. 

If the decision of the Subordinate Lodge be affirmed, 
the Masonic standing of the accused will remain pre- 



OF APPEALS. 99 

cisely as fixed by the decision of the subordinate tri- 
bunal. 

If a new trial be awarded, the status of the accused 
will be, in the mean time, that of a Mason under 
charges. 

Consideration of the effect of a reversal or modifica- 
tion of the decision appealed from will be deferred to 
the Chapter upon Restoration. 

Where an appeal has been taken in a matter of gen- 
eral business or legislation to the Grand Master, an 
appeal from his decision to the Grand Lodge may be 
taken in the following form : 

APPEAL FROM GRAND MASTER TO GRAND LODGE, 

To the M. W. Grand Lodge of Free and Accepted 
Masons of the State of 

The undersigned hereby appeals to you from the deci- 
sion of the M. W. Grand Master, made in and by his 

order of , A. L. 58 . .., in the case of the appeal 

of this appellant from the decision of Lodge, 

"So . . . , to the said Grand Master, whereby the decision 
of said Lodge was sustained. 

For the grounds of this appeal reference is hereby 
made to the particular statement of the same as made 
in the appeal from said Lodge to the Grand Master ; 
consideration of which is hereby respectfully asked. 

Dated , A. L. 58... 

A B , Appellant. 

Notice of this appeal should be given to the Grand 
Master and served upon the Subordinate Lodge. 

Lof'C. 



100 



MASONIC TRIALS. 



It is the duty of the Grand Master, after receiving 
such notice, to make return of the case, with all papers 
and proofs pertaining thereto, and his decision in the 
premises, to the Grand Lodge at its next regular com- 
munication, for final review. 





xn. 

OF NEW TRIALS. 

If the Grand Lodge is dissatisfied with the decision 
made below, but is still unwilling, either from inade- 
quacy of proof or any other reason, to make any 
final order in the premises, it refers the case back to 
the subordinate Lodge for a new trial. 

In the mean time (unless some further or different 
order be made by the Grand Lodge) the Masonic 
standing of the accused is that of a Mason under 
charges ; for inasmuch as the decision of the subordi- 
nate tribunal has been reviewed by the Grand Lodge, 
and not sustained, but a new trial ordered, the Lodge 
must retrace its steps, and the old conviction and 
sentence (or acquittal, if that were the decision) stand 
for naught. The decision is annulled, though the 
proceedings continue. 

The new trial proceeds, unless special order be 
made to the contrary, upon the charges and answer 
already on file, and begins at the introduction of the 
proofs. No amendments can be made of the charges 



102 MASONIC TRIALS. 

and specifications except nnder the like restrictions 
as at first, and none of the answer except npon appli- 
cation of the accused and permission of the Worship- 
ful Master. 

The proofs upon the new trial may be taken before 
the Lodge or before Commissioners, as the Lodge 
shall determine, without regard to which method was 
formerly pursued. If they be taken before Commis- 
sioners, the Worshipful Master may continue the 
Commissioners before appointed, or appoint new ones, 
in his discretion ; but in either case there is the same 
right of objection as before. 

In the matter of the selection of counsel, the same 
rules and the same right of objection apply as in the 
original trial. 

From the opening of the proofs, the case proceeds 
under precisely the same rules and regulations as 
though it had never before been tried. 

The parties are not limited to the evidence pro- 
duced at the former trial, but either of them may 
introduce any new proofs he may please, subject only 
to those general rules which govern the introduction 
of proofs in all Masonic trials. But the proofs must 
begin and proceed de novo. The proofs taken and 
recorded upon the former trial cannot be received and 
considered as evidence of the facts therein stated, 
unless both parties shall freely consent that they be so 
considered. In other words, proofs made upon a 



OF NEW TRIALS. 103 

former trial cannot be treated as evidence in the new 
trial, unless they be made and introduced anew, in 
like manner as at first. The parties may stipulate to 
waive this rule of evidence, as they may any other ; 
but if any such stipulation be made, it should be 
particularly minuted in the recording of the proofs. 

Upon the final decision of the case, the Lodge may 
acquit or convict the accused, or inflict any one of the 
Masonic penalties, or none at all, as it shall deem 
most just ; being governed in no respect whatever by 
its former action. 

If, on account of some fault in the charges and 
specifications, or for any other reason, it shall be 
deemed unsafe or inexpedient to proceed to a new 
trial, the case may be entirely abandoned, and prose- 
cution be instituted de 7iovo, by the filing of new 
charges and specifications. The Lodge is not obliged, 
upon the case being remanded for new trial, to try it 
a second time. It then stands like any other case be- 
fore the Lodge, ready for the introduction of proofs, 
and may be prosecuted or abandoned, as the Worship- 
ful Master, with the consent of the Lodge, shall order. 

If, upon new trial, the accused be a second time 
convicted, he may again appeal to the Grand Lodge ; 
and no number of convictions or acquittals can exhaust 
the right of either party to appeal — a right inalienable 
and indestructible in every Mason. 

In case the accuser do not proceed with the prose- 



104 MASONIC TRIALS. 

cution within a reasonable time after the remanding 
of the case for a new trial, the Worshipful Master may 
either appoint counsel and direct that the trial pro- 
ceed, or dismiss the charges, as, in view of all the 
circumstances, he shall think to be proper ; and the 
one or the other he ought most certainly to do ; for 
the accused has the right here, as everywhere, to a 
speedy and impartial trial by his peers, while it is 
always the province of the Master to forbid a prosecu- 
tion upon frivolous or insufficient charges. ~No Lodge 
or Master has the right to subject a brother to the 
disgrace and mortification of charges pending against 
him without a prospect of imm/xii e trial. The 
"Worshipful Master should make it a rule to dispose 
of every Masonic trial with all reasonable despatch, 
and in case of neglect or refusal to prosecute a case, to 
dismiss it from the Lodge. 

A brother under sentence may obtain a new trial 
at once, without appeal, by exhibiting satisfactory 
reasons therefor to the Grand Lodge or Grand Master, 
who may thereupon order a new trial. But the Lodge 
can only grant a new trial by a unanimous vote. 
After a new trial is granted by the Lodge, precisely 
the same rules govern it as though it were granted by 
the Grand Lodge. A form of petition for new trial 
will be found in the chapter on Grand Lodge Trials, 
which can readily be adapted for use in the subordinate 
Lodge. 



XIII. 

OF RESTORATION. 

Restoration is the reinstatement of a suspended or 
expelled Mason to his standing in the Order, either in 
whole or in part. 

The effect of restoration may be the reinvestment 
of the delinquent with the rights and benefits of Ma- 
sonry merely, without membership in any Lodge ; or 
its effect may be to renew both his general rights as 
a Mason and his membership in a particular Lodge ; 
according as the nature of the case shall be. 

Restoration follows as the result of one of three 
different causes, viz. : 

1. Act of law. 

2. Act of the Lodge. 

3. Act of the Grand Lodge. 

Restoration occurs by act of law in case of definite 

suspension only. Where sentence of suspension for 

a fixed and determinate period is passed against a 

Mason, he is, upon the termination of that period, 

instantly restored to all those rights and privileges 

5* 



106 MASONIC TRIALS. 

from which he stood suspended : without any further 
action either upon his own part or upon the part of 
the Lodge wherein the sentence was passed, but by 
mere operation of law. The termination of the sen- 
tence is the termination of the suspension; and the 
punishment being expressly limited by the tribunal 
inflicting it, that punishment cannot be continued, 
nor any deprivation of Masonic rights extended, be- 
yond the prescribed limit. This restoration is both 
to the rights of Masonry and to the rights of member- 
ship ; for suspension, as already remarked in the 
chapter upon Masonic Penalties, is not a total destruc- 
tion, but a temporary interruption, of Masonic rights. 
But restoration from definite suspension does not 
revive any Masonic rights which did not exist at the 
time the sentence took effect. It restores the delin- 
quent to his former position, and nothing more. If he 
holds an office when sentence is passed upon him, the 
sentence suspends him from his office, as from every 
other Masonic franchise ; and if his restoration occurs 
before his term of office expires, he is restored to his 
office as well as to every other franchise which he 
enjoyed at the time of passing of sentence upon him. 
If the office terminates before the sentence of suspen- 
sion expires, of course there is no restoration to the office. 
Restoration by act of the Lodge may occur in case of 
definite suspension, of indefinite suspension, or of ex« 
pulsion. 



OF RESTORATION. 107 

If one under sentence of definite suspension shall by 
good behavior and apparent reformation seem to merit 
a remission of some portion of the penalty pronounced 
against him, the Lodge may, at any time before the 
expiration of the period of his suspension, restore him 
to all his former rights by a two-thirds vote. This 
action may be either by the voluntary motion of the 
Lodge, or upon petition of the brother under sentence. 
The effect of such restoration will be precisely the 
same as though the period of his sentence had elapsed, 
and he had been restored by operation of law. 

The Lodge may restore from indefinite suspension 
in the same manner and for the same causes as in case 
of definite suspension, and with the like effect: the 
only difference between the two cases being, that 
where sentence of indefinite suspension is passed, no 
restoration can ever take place except by positive 
action of the Lodge or of the Grand Lodge ; whereas 
restoration follows a sentence of definite suspension 
inevitably, and by force of law, upon the lapse of the 
sentence, but may take place by act of the Lodge or of 
the Grand Lodge before the expiration of that time. 
The Lodge cannot restore in either case except by a 
two-thirds vote. 

A suspended brother may petition his Lodge for 
restoration without recommendation, but to claim the 
favorable consideration of the Lodge it is better to be 
recommended. 



108 MASONIC TRIALS. 

The Lodge cannot restore from expulsion except 
upon petition of the delinquent, with good recommen 
dation, reference in regular order to the proper com- 
mittee, and a unanimous vote of the Lodge in favor 
of the petitioner. Precisely the same steps must be 
taken as upon the election of a profane. The man 
under sentence of expulsion, although in possession of 
Masonic knowledge, is nevertheless, in contemplation 
of Masonic law, as much a stranger to the fraternity as 
though he had never been initiated, passed nor raised. 
He has no Masonic existence whatever ; and his restora- 
tion is, in legal effect, the making of a new Mason. 

An expelled offender cannot be restored upon his 
verbal application merely ; he must petition in writing, 
setting forth his present standing and his desire for 
restoration, and his willing determination to abide 
henceforth by the rules of the Order. A petition for 
restoration, whether it be from one under sentence of 
suspension or expulsion, can only be presented to and 
received by the Lodge wherein the trial was had and 
sentence passed, or the Grand Lodge within whose 
jurisdiction said Lodge was held. 

PETITION FOE RESTORATION. 

To the Worshipful Master, "Wardens, and Brethren 
of Lodge, "No , of Free and Accepted Masons. 

The undersigned respectfully represents that he was 
formerly a member of said Lodge. That on or about the 
. . . .day of , A. L. 58 . . ., he was tried forunmasonio 



OF RESTORATION. 109 

conduct upon charges preferred against him in said 
Lodge, and that upon due conviction of said charges 

the said Lodge passed sentence of against him, 

which sentence is now in full force and effect. 

That he is desirous of being restored to the rights and 
benefits of Masonry, and to his membership in said 
Lodge, and he hereby solemnly promises upon his honor, 
that if such restoration shall be granted him, he will 
ever yield a cheerful obedience to all the laws, rules, and 
customs of the fraternity. 

Wherefore, he respectfully prays the said Lodge to 
restore him to his Masonic rights and membership as 
aforesaid. 

Dated , A. L. 58... 

A B 

Kecommended by 

S T ..'. 

U V . 

"No subordinate Lodge except the one that passed 
the sentence is competent to restore from any of the 
disabilities attending the same. 

Eestoration can only be made at a regular commu- 
nication, and while the Lodge is open upon the third 
degree. It cannot lawfully occur at any special com- 
munication, even though the same be called for that 
purpose. 

The vote upon restoration from sentence of expul- 
sion must be by ballot, which ballot is subject to the 
same rules as if cast for initiation. 

Unconditional restoration from sentence of expul 



110 MASONIC TRIALS. 

sion, if made by a subordinate Lodge, restores the de- 
li nqiient to all the rights he enjoyed at the time of his 
expulsion. If, at the time of his expulsion, he was a 
member of the Lodge, it restores him both to Masonry 
and to membership; if he was not a member, it 
restores him to Masonry only. But restoration from 
expulsion does not in any case restore to office ; for by 
the sentence all personal and official rights are not 
simply suspended, but utterly destroyed, and nothing 
but a new election can reinvest the party with official 
power. 

Restoration by act of the Grand Lodge takes place 
upon appeal or upon petition. 

It has already been remarked, in the chapter upon 
Masonic Penalties, that the sentence or decision of the 
Lodge stands in full force in all cases, until formally 
revoked by the Grand Lodge. But if, upon the trial 
of an appeal, the sentence of expulsion or suspension 
passed in the Lodge be reversed by the Grand Lodge, 
such reversal reverts to the very root of the matter, 
and annuls the sentence from the beginning ; so that 
the case then stands as though no sentence had ever 
been passed. Reversal of conviction and sentence 
upon appeal, has precisely the same legal effect as a 
judgment of acquittal would have had if passed by 
the Lodge in the first instance, It therefore follows as 
an inevitable result, that upon judgment of reversal 
being passed by the Grand Lodge as aforesaid, the 



OF RESTORATION. Ill 

accused stands completely justified, and is at once 
reinvested with all his rights. He is perfectly 
restored, both to Masonry and to membership. De- 
privation of membership was one of the results of the 
sentence; and as that sentence stands absolutely 
revoked and annulled, all of its results are revoked 
and annulled with it. The effect cannot continue 
without the cause. To still debar him of membership, 
would be to inflict punishment upon a man whom the 
highest judicial authority has pronounced entirely 
innocent. A Lodge can no more deprive a Mason of 
his membership without legal and sufficient reason, 
than of his general Masonic rights. It is true that 
each Lodge has the absolute right to admit to or 
exclude from its membership whomsoever it pleases, 
without dictation from the Grand Lodge ; but this is 
not obliging the Lodge to admit a member who is dis- 
tasteful to it ; it is only saying to the Lodge, " You 
shall not unlawfully and unjustly eject a member 
whom you have freely admitted among your number." 
The question is purely judicial in its nature, and does 
not touch at all the right of the Lodge to admit or 
reject whoever it pleases; for rejection and ejection 
are widely different things. The action which a Lodge 
takes in passing judgment and sentence in a Masonic 
trial, and the action which it takes in balloting upon a 
petition for membership or initiation, are as dissimilar 
as the action of a court and of a legislative body. 



112 MASONIC TEIAXS. 

There is therefore no real conflict between this right- 
eons and well-supported principle, and the principle 
of that independent control which the Lodge has over 
the question of membership, as some have vainly 
argued. Besides, the very jurisdiction which the 
Grand Lodge has of the appeal, necessarily presupposes 
and implies the authority to determine all matters 
connected therewith. 

In combating the erroneous opinion, advanced by 
some, that such a reversal reinstates the accused in 
Masonry only, and not in his membership, Dr. Mackey 
observes : " Who will dare to say that a Lodge may 
thus, by an arbitrary exercise of power, inflict this 
grievous wrong on a brother, and that the Grand 
Lodge has not the prerogative, as the supreme protector 
of the rights of the whole fraternity, to interpose its 
superior power, and give back to injured innocence all 
that iniquity or injustice would have deprived it of? 
Who will dare to say, in the face of the great princi- 
ples of justice and equity, that though innocent, a 
Mason shall receive but a portion of the redress to 
which he is entitled, and that he shall be sent from 
the interposing shield of the supreme authority and 
highest court of justice of the Order, not protected in 
his innocence and restored to his rights, but as an 
innocent man, sharing in the punishment which should 
only have been awarded to the guilty ? A doctrine so 
full of arbitrary oppression and injustice would be to 



OF RESTORATION. 113 

every honest man the crying reproach of the institu- 
tion." 

That eminent civil and Masonic jurist, Albert Pike, 
in commenting upon this question, says : " If, in case 
of trial and conviction, suspension or expulsion from 
the rights and benefits of Masonry is adjudged, that 
includes, as a part of itself, suspension or expulsion 
from membership. If, on appeal, the Grand Lodge 
reverses the decision of the subordinate, on the ground 
of error in the proceedings, or of innocence, that 
reversal annuls the judgment, and it is as if never 
pronounced. Consequently it has no effect whatever ; 
and, in Masonic law, the matter stands as if no such 
judgment had ever been rendered. The effect of 
reversal is, that the accused was never suspended nor 
expelled at all, in law ; and there is no power in the 
Grand Lodge, either by judgment or by previous legis- 
lation, to give such judgment or reversal any other or 
less effect. These principles of Masonic law seem to 
us so palpably plain and correct as to need no argu- 
ment ; and if violated anywhere, we hope to see the 
ancient landmarks set up again in this respect." 

The Grand Lodge restores, in the second instance, 
upon the petition of one who is under sentence of ex- 
pulsion or suspension, where the legality or justice of 
the sentence is not denied. In tins case it is not re- 
dress against the wrongful act of an inferior tribunal 
that is asked, or granted, but a favor proceeding out of 



114 MASOXIC TRIALS. 

the clemency and grace of the supreme power. It U 
in the nature of a pardon, or remission of a penalty 
lawfully imposed, based upon the fact that the party 
has abandoned his wickedness, and given assurance, by 
evident reformation, of honorable conduct for the 
future. 

In this case the Grand Lodge may, by its preroga- 
tive of mercy, restore the petitioner to the rights and 
benefits of Masonry, but not to his membership in 
any Lodge. The reason of this is evident. The sen- 
tence having never been questioned nor revoked, nor 
its justice denied, the petitioner stands totally de- 
prived of his Masonic rights and membership. He 
comes not in the character of an appellant, but of a 
stranger ; not as a litigant within the Order, but as a 
stranger from without. His Masonic rights and his 
membership being utterly lost, or completely sus- 
pended, a new admission must be granted by the ap- 
propriate jurisdiction before he can again enjoy either. 
The Grand Lodge has power to invest him with the 
rights and benefits of Masonry, but not to admit to 
membership in any Lodge. Only by consent of the 
Lodge itself can new members be admitted into its 
own body. The Masonic standing of a brother thus 
restored by the Grand Lodge is, therefore, that of an 
unaffiliated Mason ; and he may petition and be ad- 
mitted to membership in any Lodge within the juris- 
diction of the Grand Lodge by which he was restored ; 



OF RESTORATION. 115 

for it is against the spirit of Masonry to encourage or 
enforce non-affiliation. 

Thns it will be seen that a very material difference 
exists between restoration upon appeal and upon peti- 
tion to the Grand Lodge. In fact, the former can 
scarcely, in strict propriety, be denominated a restora- 
tion, though it is invariably treated under that title : 
it is rather the nullifying or setting aside of an unlaw- 
ful or unjust sentence ; whereas the latter is founded 
upon the express admission that the original sentence 
was lawful and just. The former removes every de- 
privation, both of fraternity and membership ; the lat- 
ter restores to Masonry, but not to membership. The 
former is granted as a matter of justice ; the latter as a 
matter of grace. The former is judicial ; the latter is 
non-judicial. The former moves to a litigant brother 
within the Order ; the latter to a petitioning stranger 
without. 

The Grand Lodge has equal power to restore, 
whether the sentence be that of a subordinate Lodge, 
or its own ; and whether it be that of expulsion, or of 
definite or indefinite suspension. 

A petition to the Grand Lodge for restoration 
should be substantially the same as that to a subordi- 
nate Lodge, a form for which is given in a former part 
of this chapter. It should specify the former standing 
and membership of the petitioner, the Lodge wherein 
he was tried, the nature and date of the sentence, his 



116 MASONIC TRIALS. 

purpose to abide by the rules of the Order, and close 
with a prayer for restoration. The address should be 
to the Grand Lodge by its official title, and it should 
be accompanied with the recommendation of the Lodge 
by which the sentence was passed, if possible to ob- 
tain it, together with an avouchment and recommen- 
dation from at least two members or officers of the 
Grand Lodge. 




XIY. 

OF GRAND LODGE TRIALS. 

The Grand Lodge is a representative body, the 
membership and organization of which is regulated by 
its own constitution ; in some jurisdictions the "Wor- 
shipful Masters of chartered Lodges being alone ad- 
mitted to membership, and in others both the Masters 
and Wardens, or their proxies. 

Grand Lodges, as at present organized, are of com- 
paratively modern date, having existed only from 
the beginning of the 18th century of the Christian 
era. Yet from time immemorial the craft were ac- 
customed to convene in what were called " General 
Assemblies." These "Assemblies" were a convoca- 
tion of all Masons living within certain limits, with 
supreme and exclusive power, when so convened, 
over all matters concerning the welfare of the Order, 
whether of a legislative, executive, or judicial char- 
acter. As a matter of convenience and economy, our 
Grand Lodges are at present composed of representa 
tives instead of the aggregate membership of the craft ; 



118 MASONIC TRIALS. 

yet they are to all intents and purposes the lawful 
successors of the ancient General Assemblies, with all 
the powers and prerogatives of those bodies, except so 
far as they may have been delegated to the subordi- 
nate Lodges. 

Our Grand Lodges are usually bodies corporate 
under the laws of the State or country in which they 
are located, with full power to sue and be sued, pur- 
chase, hold or grant real and personal estate, make 
contracts, enact by-laws and regulations, and do all 
other things which private corporations may of right 
do. 

There is no organization in symbolic Masonry with- 
in the United States, higher than the Grand Lodges 
of the several States ; each Grand Lodge being inde- 
pendent of every other, and being responsible to no 
superior jurisdiction. There have been several at- 
tempts to organize a " General Grand Lodge of the 
United States," but the object has never been fully 
accomplished ; and in each instance, all parties have 
become convinced, upon mature deliberation, that such 
an organization was not desirable, and that its existence 
would be productive of greater harm than good. 

In Capitular Masonry, the General Grand Chapter 
of the United States, and in the Orders of Masonic 
Knighthood, the Grand Encampment of the United 
States, have each a jurisdiction co-extensive (or very 
nearly so) with the United States. The particular con- 



OF GRAND LODGE TRIALS. 119 

sideration of their powers will be deferred to that por- 
tion of this work which treats of Trials in Chapters and 
Commanderies. 

In the United States, the jurisdiction of each Grand 
Lodge is coextensive and coterminons with the limits 
of the State within which it is established ; and within 
said jurisdiction it is the supreme Masonic authority. 
Its powers are plenary and absolute, except as they are 
limited by the ancient and immutable Landmarks of 
Freemasonry (Gen. Keg. of 1721, JSTo. 39) ; its corpo- 
rate and civil powers being of course limited by the 
legislative acts of incorporation. It holds a general 
supervisory control of the craft, and faithful allegiance 
and implicit obedience are due to it from all subordi- 
nate Lodges and individual Masons within its jurisdic- 
tion. 

The Masonic functions of the Grand Lodge are 
usually considered under three heads, viz. : 

1. The Legislative. 

2. The Executive. 

3. The Judicial. 

Only the judicial branch of its powers is properly 
within the scope of this treatise, and hence the legisla- 
tive and executive departments will not be here con- 
sidered; the reader being referred, for information 
upon those topics, to those works in which the general 
system of Masonic jurisprudence is elaborated. 

As the supreme judicial authority, the Grand Lodge 



120 MASONIC TRIALS. 

has both, appellate and original jurisdiction. Its app©}« 
late jurisdiction extends, with certain exceptions, to the 
acts and decisions of every Masonic body, tribunal, and 
officer beneath it, and has been already sufficiently 
considered under the title of Appeals. 

The original jurisdiction of the Grand Lodge is either 
exclusive or concurrent It is exclusive over subordi- 
nate Lodges and Masters of Lodges, in questions be- 
tween different Lodges, and in the interpretation and 
enforcement of its own constitution, by-laws, and regu- 
lations within its own body, and among its own officers 
and agents. It is concurrent with that of the subor- 
dinate Lodges over all Masons, affiliant and non- 
affiliant (except the Grand Master and "Worshipful 
Masters), within its territorial limits, and in the 
construction and enforcement of the general laws of 
Masonry. Although it is the common practice for all 
trials within the purview of such concurrent jurisdic- 
tion to have their inception in the subordinate Lodge, 
and although this practice is, except in some peculiar 
cases, by far the more expedient, yet the Grand Lodge 
may at all times exercise its original jurisdiction. In 
brief, the original jurisdiction of the Grand Lodge, as 
to all judicial matters, and matters of Masonic dis- 
cipline, is universal within its territorial limits, ex- 
cept for violations of the particular by-laws and in- 
ternal regulations of subordinate Lodges ; in which 



OF GRAND LODGE TRIALS. 121 

case each Lodge has exclusive original jurisdiction, 
from which appeals lie to the Grand Lodge. 

The Grand Lodge has exclusive penal jurisdiction 
over the Grand Master, to be exercised according to 
such regulations as shall be prescribed by the Grand 
Lodge itself. (Gen. Eeg. of 1721, No. 19.) But, with 
honor to our Grand Masters be it said, there has never 
yet been an instance where such interposition has been 
necessary ; every Grand Master having borne himself 
in a manner worthy of the dignity of his high office. 

Charges against a Lodge or a Master can only be 
preferred to the Grand Lodge, and are framed upon 
the same general principles as charges preferred in a 
subordinate Lodge against an individual Mason. 

CHARGES AGAINST A LODGE. 

To the M. W. Grand Lodge of Free and Accepted 
Masons of the State of 

Lodge, No , of Free and Accepted Masons, 

is hereby charged with wilful violation of Section ... of 

Article of the Constitution of said Grand Lodge, in 

this — to wit : 

Specification 1. That said Lodge has for more than 
last past neglected to assemble. 

Specification 2. That said Lodge has for years 

last past neglected to make returns or pay dues to said 
Grand Lodge. 

All of which is contrary to Masonic law, and tends 
to the wrong and inj ury of said Grand Lodge and of the 



122 MASONIC TRIALS. 

Craft ; wherefore it is demanded that said Lodge be put 
upon trial therefor, and dealt with according to Masonic 
law and usage. 

Dated , A. L. 58... 

C D , Accuser. 

CHARGES AGAINST A MASTER. 

To the M. W. Grand Lodge of Free and Accepted 
Masons of the State of 

P , Worshipful Master of 

Lodge, No. . . . , Free and Accepted Masons, is hereby 
charged with gross unmasonic conduct, in wilfully 
violating Section. . . . of Article. . . . of the Constitution 
of said Grand Lodge, in this — to wit : 

Specification 1. That the said 0. P., while presiding as 
Worshipful Master of said Lodge, at a regular communi- 
cation thereof, held on the day of , A. L. 58 . . ., 

did in open Lodge (here state the particular offence). 

Said 0. P. is further charged with unmasonic con- 
duct, and with a wilful violation of his official duties 
and obligations, in this — to wit : 

Specification 2. That the said 0. P. did, at a regular 
communication of said Lodge, held on the .... day of 
, A. L. 58. . ., raise one W. F. to the sublime de- 
gree of a Master Mason, after the ballot for the advance- 
ment of the said W. F. had been inspected and declared 
not clear, and against the protest of the brethren. 

Which acts of the said 0. P. are in violation of his 
duties and obligations as a Mason and as a Worshipful 
Master, and to the scandal and disgrace of the Masonic 
fraternity; wherefore it is demanded that the said 0. P. 
be put upon trial before said Grand Lodge, and dealt 



OF GRAND LODGE TRIALS. 123 

with according to Masonic law and nsage; and it is 
further demanded and prayed that the M. W. Grand 
Master do forthwith suspend the said 0. P. from his 
office of Worshipful Master until the next annual com- 
munication of said Grand Lodge. 

Dated , A. L. 58... 

D ..... ., Accuser. 

The charges should be filed with the Grand Secre- 
tary. The Grand Master, upon being made acquainted 
with their contents, orders the issuing of summons to 
the accused, commanding him to appear and answer 
within a time prescribed in the summons, and makes 
such other order as the case may demand. If the 
charges be against a Lodge, he may arrest its charter 
until the trial ; if against a Master, he may forthwith 
suspend the accused from his office for a like period. 

The Grand Secretary serves the summons, accom- 
panied by any interlocutory order which the Grand 
Master may make, and a certified copy of the charges, 
upon the accused, or causes the same to be done. 

ORDER OF GRAND MASTER, ARRESTING CHARTER OF 
LODGE. 
Office of the Grand Master of Masons, ) 

of the State of , > 

, A.D. 18.., A. L. 58.. .) 

In the matter of Lodge, ) 

No , of F. and A. Masons, j 

Upon the filing of charges and specifications against 
said Lodge by R. S., and upon good cause appearing, 
by virtue of the power and authority in me vested as 



124: MASONIC TRIALS. 

Grand Master of Masons in the State of , I dc 

hereby order that the charter of said Lodge be, and the 
same is hereby arrested, and the opening and working 
of said Lodge thereunder forbidden until the trial and 
decision of said charges and specifications by the Grand 
Lodge ; and that the Worshipful Master of said Lodge 
do forthwith deliver said charter to the Grand Secre- 
tary, to be by him retained, subject to such order as the 
Grand Lodge shall make. 

Witness my hand at , the date above written. 

A. T. M., Grand Master. 

ORDER OF GRAND MASTER, SUSPENDING WORSHIPFUL 
MASTER FROM OFFICE. 

Office op the Gband Mastee op Masons, ) 

of the State of , ? 

, A. D. 18.., A. L. 58... ) 

IN THE MATTER 
OF 

Brother 0. .. P. .. 

Upon the filing of charges against Brother 0. P. 

Worshipful Master of Lodge, No. . . . , of Free am 

Accepted Masons, and upon good cause appearing, by 
virtue of the power and authority in me vested as Grand 

Master of Masons in the State of ,1 do hereby 

order that the said 0. P. be, and he is hereby suspended 
from the functions of his office as Worshipful Master, 
and forbidden to exercise the same, until the trial and 
decision of said charges by the Grand Lodge. 

Witness my hand at , the date above written. 

A. T. M., Grand Master. 

The proofs are usually taken by Commissioners ap- 
pointed by the Grand Master or the Grand Lodge. 



OF GRAND LODGE TRIALS. 125 

The powers of the Grand Master in connection with a 
Grand Lodge trial, correspond very nearly with those 
of a Master upon a trial in a subordinate Lodge. The 
same general rules as to counsel, proofs, and notice ap- 
ply ; and upon the coming in of the report of the Com- 
missioners, the steps to be taken are substantially the 
same as in a subordinate Lodge, though the particular 
method of procedure in any trial is entirely at the op- 
tion of the Grand Lodge. All judicial action in the 
Grand Lodge is taken by a majority vote, which vote 
may be reconsidered under such regulations as the 
constitution or by-laws shall prescribe. 

The Grand Master has power, in case of emergency, 
to convene the Grand Lodge specially for the pur- 
poses of a trial. No judicial action can be taken in 
any case unless there be present a constitutional quo- 
rum for the transaction of business. 

In some jurisdictions the general judicial business 
of the Grand Lodge, original as well as appellate, is 
referred to a Court of Appeals for investigation and 
adjudication, which is in reality only another method 
of trial by the Grand Lodge itself; such court being 
the immediate agent and referee of the Grand Lodge. 
The decisions of such court, being in effect the deci- 
sions of the Grand Lodge itself, are of like force as 
though made by that body. For further remarks in this 
regard the reader is referred to the chapter on Appeals. 

Upon individual delinquents the Grand Lodge in- 



126 MASONIC TRIALS. 

flicts any of the Masonic penalties, in its discretion. 
A delinquent Lodge is usually punished by arresting 
or revoking its charter. 

Upon the ground of manifest error or mistake, 
newly discovered evidence, or other sufficient cause, 
the Grand Lodge may, upon application of either 
party, grant a new trial within its own body. If the 
Grand Lodge be not in session, application for new 
trial may be made to the Grand Master, who has in 
the interim full power to grant the same. 

APPLICATION FOE NEW TRIAL. 

To the M. W. Grand Lodge of Free and Accepted 

Masons of the State of (Or to the M. W. 

Grand Master of, etc.) 

The undersigned hereby requests that a new trial be 
granted in the matter of (here designate the case), for 
the following reasons, to wit : 

1. Because he has discovered since the trial of said 
matter, and is now able to produce, the following new 
evidence, to wit : (Here set forth the new evidence.) 

2. Because the Grand Lodge was misled, and great 
injury wrought to the undersigned, by the testimony of 
G. M., whose testimony the undersigned is now able to 
show, by the testimony of B. W. and L. N. (or any other 
testimony), was false and untrue in the following par- 
ticulars (state in what particulars), which testimony of 
the said G. M. the undersigned was unable to rebut at 
the said trial. 

3. Because the Grand Lodge erred in passing judg- 



OF GRAND LODGE TRIALS. 127 

ment upon said matter when there was not a constitu- 
tional quorum present. (Here state the proof of the 
fact.) 

4. Because the decision of the Grand Lodge was 
contrary to the law and the evidence in this, to wit : 
(specify the error.) 

Dated , A. L. 58... 



A B, 



A new trial will not be granted by the Grand Lodge, 
as a general rule, unless the application therefor be 
made within the time limited for taking appeals from 
subordinate Lodges. 

But upon good cause being shown for the delay, new 
trial may be granted at any time ; and of the sufficiency 
of such cause the Grand Lodge or the Grand Master is 
the judge. 

ORDER BY GRAND MASTER FOR NEW TRIAL. 



)NS, ) 

i. . . ) 

^TTER ) 

...B...J 



Office of the Grand Master of Masons, 
of the State of. 
, A. D. IS 

In the matter 

OF 

Brother A 

Upon application of the said A. B., and upon good 
cause to me shown, by virtue of the power and authority 
in me vested as Grand Master of Masons in the State of 

, I do hereby order that a new trial be had 

in the said matter, and that the same be brought on for 
hearing before the Grand Lodge at the next annual 
communication thereof. 



128 MASONIC TRIALS. 

And further, that a copy of this order be served 

upon within ... .days from the date hereof. 

Witness my hand at the date above written. 

A. T. M., Grand Master. 

The granting of a new trial before the Grand Lodge 
is attended with the like effects, as to the former 
decision or sentence, and the Masonic standing of the 
accused, as in trials before a subordinate Lodge ; and 
the trial proceeds upon the same general principles as 
in the first instance. 




XT. 



POWERS OF THE GRAND MASTER IN TRIALS 
AND APPEALS. 

There is one other subject which, although not 
strictly within the purview of any of the particular 
divisions under which Masonic Trials are treated in 
the foregoing pages, is still necessary to the proper 
completion of a treatise of this nature ; and it has 
accordingly been reserved for separate consideration. 

The subject is that of the powers of the Grand 
Master as pertaining to judicial matters ; including the 
question of the legality of appeals to him in certain 
cases, as the presiding head of the craft. The inquiry 
is not without its difficulties ; for notwithstanding the 
importance of the principles involved, a wide diversity 
of opinion exists among the most eminent Masonic 
jurists in regard to some of them ; and hence occasion 
will be here taken to discuss with particularity some 
points that have been only briefly mentioned, or in- 
cidentally alluded to, in the preceding chapters. 

In the chapter upon the Tribunal it has been already 



130 MASONIC TRIALS. 

remarked, that the only judicial tribunals known in 
Ancient Craft Masonry were Lodges and Grand 
Lodges. In that portion of the old York Constitutions 
of a. d. 926, denominated the " Fifteen Points," we find 
the following laid down as the tenth point : " If a 
Mason live amiss, or slander his brother, so as to bring 
the craft to shame, he shall have no further mainte- 
nance among the brethren, but shall be summoned to 
the next Grand Lodge ; and if he refuse to appear, he 
shall be expelled." Dr. Mackey, in commenting upon 
the judicial powers of the Grand Lodge, says : " There 
is no fact in the history of Masonic jurisprudence more 
certain, than that the General Assembly, or Grand 
Lodge, always in ancient times exercised an original 
jurisdiction and supervision over the craft;" and he 
might have added with equal truth, that the exclusive 
power to hear and determine Masonic trials was 
anciently in the same grand body. We nowhere find, 
either in the Ancient Landmarks or in the Ancient 
Constitutions of 926, any provision recognizing or im- 
plying the existence of this power in the Grand Master, 
nor yet in the subordinate Lodges. But by the fifth 
section of the Constitutions of Edward III., 1427-77, 
a portion of that penal jurisdiction that had before 
rested solely in the Grand Lodge or General Assembly, 
was delegated to the subordinate Lodges, in the words 
following : " That at such congregations (i. e., Lodges) 
it shall be inquired whether any Master or Fellow has 



POWERS OF GRAND MASTER. 131 

broken any of the articles agreed to. And if the of- 
fender, being duly cited to appear, prove rebel, and will 
not attend, then the Lodge shall determine against him 
that he shall forswear (or renounce) his Masonry, and 
shall no more use this craft." And again, by the ninth 
section of the General Regulations of 1721 (which, 
though of comparatively modern date, are usually 
classed with the more ancient law of Masonry) it is 
provided that, " If any brother so far misbehave him- 
self as to render his Lodge uneasy, he shall be twice duly 
admonished by the Master or Wardens in a formed 
Lodge ; and if he will not refrain his imprudence, 
and obediently submit to the advice of the brethren, 
and reform what gives them offence, he shall be dealt 
with according to the by-laws of that particular Lodge, 
or else in such a manner as the quarterly communica- 
tion shall think fit ; for which a new regulation may be 
afterward made." But neither by the Ancient Land- 
marks, nor the Ancient Constitutions, nor the Gen- 
eral Regulations of 1721, is any power to hear and 
determine Masonic trials conferred upon, or recognized 
as existing in, the Grand Master. 

It is certain, then, that the only tribunals with full 
judicial powers that are known in ancient Freemasonry 
are Lodges and Grand Lodges ; for while it is true 
that Grand Lodges, as at present organized, are of 
comparatively modern date (the beginning of the 18th 
century of the Christian era), yet from time immemorial 



132 MASONIC TRIALS. 

it was the custom of the craft to convene annually, or 
oftener, in General Assembly ; which assembly was a 
convocation of all Masons living within a particular 
district or jurisdiction, with supreme and exclusive 
power, when so convened, over all matters, whether 
legislative, executive, or judicial, touching the welfare 
of the Order ; and although our Grand Lodges are at 
present, for the sake of convenience and economy, com- 
posed of representatives instead of the aggregate mem- 
bership of the craft, yet they are in every respect the 
regular and lawful successors of the former General 
Assemblies, and in them are vested all the powers and 
prerogatives of those ancient bodies, except so far as 
the same have been delegated to the subordinate 
Lodges. Hence, while the Grand (and Worshipful) 
Masters have certain very important incidental powers 
pertaining to Masonic trials, yet they cannot try, sen- 
tence, nor punish ; and whatever action they may take 
in the premises is subject to review by the body whose 
instrument they are — namely, the Grand Lodge ; for 
they are but the agents, in legal contemplation, of that 
supreme tribunal, for the administration of Masonic 
justice, — the Grand Lodge being the sole fountain, not 
only of justice, but also of all judicial power within the 
Order. 

Now let us consider the powers of the Grand Master 
relative to appeals. The thirteenth of the Ancient 
Landmarks declares the inalienable "right of every 



POWERS OF GRAND MASTER. 133 

Mason to appeal from the decision of his brethren in 
Lodge convened to the Grand Lodge, or General 
Assembly of Masons." Previous to the Constitutions 
of Edward III., these appeals mnst have been only as 
to decisions touching the work or general business of 
the Lodge ; for until that time no Masonic trials for 
offences could ever occur there ; the power to hear the 
same not having been delegated by the General 
Assembly. In the thirteenth of the General Regula- 
tions of 1721 it is provided : " At the said quarterly 
communication all matters that concern the fraternity 
in general, or particular Lodges, or single brethren, 
are quietly, sedately, and maturely to be discoursed of 
and transacted. * * * * Here also differences 
that cannot be made up and accommodated privately, 
nor by a particular Lodge, are to be seriously consid- 
ered and decided. And if any brother thinks himself 
aggrieved by the decision of this board, he may appeal 
to the annual Grand Lodge next ensuing" etc. The 
twenty-eighth of the same Regulations provides, as a 
part of the business of the Grand Lodge, " to receive 
any appeals duly lodged, as above regulated, that the 
appellant may be heard," etc. Here we find no power 
vested in the Grand Master to hear appeals, nor any 
right conferred of appeal to any other tribunal than 
the Grand Lodge. Whence, then, arises that practice 
(which, by long usage and wide-spread recognition, 
has acquired the force of law) of appealing from those 



134 MASONIC TRIALS. 

decisions of the Lodge pertaining to work or general 
business, directly to the Grand Master himself, during 
the recess of the Grand Lodge ? Is it dependent solely 
npon immemorial cnstom for its legality ? or is it based 
upon some positive enactment ? Though appeals from 
the Lodge to the Grand Master may be of rare occur- 
rence in some jurisdictions, yet in many they occur 
continually, and as a matter of course; and their 
legality is not questioned by any authority that I have 
been able to consult. 

We find the powers of the Grand Master to be de- 
rived from two sources ; namely, from prerogative and 
from grant. Those derived from the former source are 
inherent in his office, and pertain to it indefeasibly, in- 
dependent of any authorization or sanction by the 
Grand Lodge, or by any body of Masons whatever. 
Those derived from the latter source are delegated to 
him by act of the General Assembly or Grand Lodge. 
In the enumeration of the several branches of the 
prerogative of the Grand Master we find the follow- 
ing, viz. : " To exercise a general supervision and 
government of the fraternity in his jurisdiction, during 
the recess of the Grand Lodge." By common consent 
of all Masons throughout the world, this has been 
from time immemorial an unquestioned branch of 
his prerogative. In the sixteenth of the General 
Eegulations of 1721 it is provided that " the Grand 
Wardens, or any others, are first to advise with 



POWERS OF GRAND MASTER. ±60 

the Deputy about the affairs of ths Lodge or of the 
brethren, and not to apply to the Grand Master with- 
out the knowledge of the Deputy, unless he refuse his 
concurrence in any certain necessary affair ; in which 
case, or in case of any difference between the Deputy 
and the Grand Wardens, or other brethren, both par- 
ties are to go by concert to the Grand Master, who can 
easily decide the controversy, and make up the differ- 
ence by virtue of his great authority." Here we have 
a positive enactment, by the highest Masonic authority, 
which clearly and expressly contemplates the appealing 
of disputed questions concerning the affairs of the Lodge 
to the Grand Master during the recess of the Grand 
Lodge. But nowhere in the circle of Masonic juris- 
prudence do we find any power in the Grand Master 
to entertain an appeal from the decision of a subordi- 
nate Lodge in a Masonic trial, had upon charges pre- 
ferred against an individual brother for a Masonic 
offence, and where guilt or innocence is the question 
involved; nor has his prerogative of general super- 
vision of the craft during the recess of the Grand 
Lodge ever been so construed by any ancient authority. 
Yet the appealing of cases of this character to the 
Grand Master is not altogether unknown, though it is 
happily rare, in the United States. 

After a careful consideration of the law, the follow- 
ing conclusions seem to be legitimate. 

1. Lodges and Grand Lodges are the only tribunals 



136 MASONIC TRIALS. 

having jurisdiction to try and punish for Masonic 
offences. 

2. The powers of Masters and Grand Masters, as 
pertaining to Masonic trials, are incidental only, and 
their acts in the premises are subject to review by 
their superior, the Grand Lodge. 

3. It is lawful to appeal to the Grand Master, in 
the interim of the Grand Lodge, upon questions rela- 
ting to the general affairs and business of the Lodge. 

But the practice of appealing to the Grand Master 
from the decision of the Lodge in trials for Masonic 
offences, where the question of guilt or innocence is 
involved, is of extremely doubtful legality, and ought 
to be discouraged. 

4. That from the decision of the Grand Master upon 
any appeal, or upon any question submitted to him, a 
final appeal may be taken to the Grand Lodge, the 
decision of that Grand body being alone final in any 
case. 

5. That the power of the Grand Master to make any 
interlocutory order, as of temporary suspension from 
office, arrest of charter, stay of proceedings, and the 
like, extends equally to original cases and to cases 
coming up on appeal. 

6. That any order which the Grand Master may 
make in a case will be of binding force until reviewed 
by the Grand Lodge ; he being, during the interim^ 
the temporary ruler of the craft. 



POWERS OF GRAND MASTER. 137 

The writer is fully aware of the great conflict of 
authority that exists regarding some of the propositions 
above laid down ; but when we consider the hasty and 
often inconsiderate action of many of our Grand 
Lodges, and the unsettled condition of a large portion 
of our Masonic jurisprudence, the disagreement which 
we find among the most intelligent craftsmen is mat- 
ter of but little surprise. To rehearse the arguments 
fro and con, would be to expand this volume to ten 
times its intended size. After having laboriously fol- 
lowed the arguments and fancies of many writers, the 
author, becoming convinced of the correctness of the 
foregoing conclusions, has been content to cite only the 
undisputed language of the ancient and fundamental 
law ; for upon that all true interpretation must be 
based. 



TRIAL 



THE CHAPTER. 



The general and fundamental principles of justice 
are the same, semper et ubique : but the different 
systems under which that justice is administered will 
vary more or less in their forms of procedure and 
methods of operation, according as those systems dif- 
fer in their general objects and operation. 

Hence we have found, in our inquiries concerning the 
law of trials in symbolic Masonry, that as to forms and 
methods, and those incidental regulations which relate 
to practice only, a Masonic trial diners widely from a 
trial under the municipal law ; and yet the same broad 
principles of equity, the same ideas of justice, underlie 
and pervade them both. We discern in both the same 
grand object of all criminal legislation — naruely, the 
protection of the body politic against the violence and 
crime of individuals ; at the same time protecting the 
individual under accusation by all the forms of a fair 
and impartial trial by his peers, with the fullest oppor- 
tunity for self-defence. In both, we find the jurisdio 



TRIAL m THE CHAPTER 139 

tion of the court limited to certain territorial bounda- 
ries, to certain individuals, and to certain classes of 
wrongs. We find in both the same presumption of in- 
nocence in favor of the accused, the burden of proof 
being always upon the prosecution. In both is recog- 
nized the right of either party to call in the aid of one 
learned in the law, to act as his counsel and advocate 
his cause. In both there is the same great right of 
redress against errors upon the trial, by resort to a 
superior tribunal. 

As we pass from the consideration of trials in the 
Lodge to trials in the Chapter, we shall not only discover 
the constant prevalence of those all-pervading and 
fundamental principles just mentioned, but shall ob- 
serve a closer similarity in the forms and methods of 
procedure in symbolic and capitular Masonry than is 
to be found between any other two organizations. The 
reason of this is apparent. The first three degrees are 
the source and foundation of all the superior bodies in 
the York rite. From them are derived the ethics, the 
philosophy, the symbolism, and the jurisprudence 
which beautify, sustain, and govern the whole vast fabric 
of Freemasonry. Symbolic Masonry is the most an- 
cient, the most potent, and the most sublime of the 
grand divisions of the York rite. It is the sun and 
source from whence emanates whatever of light and 
truth is to be found in any apartment of our mystic 
temple. 



140 MASONIC TRIALS. 

But while this is true, there are certain minor points 
of difference between judicial proceedings in the Lodge 
and Chapter (resulting mainly from the different in- 
ternal organization of the two bodies) which need to 
be carefully noted. There is, however, aside from the 
dissimilarity as to internal organization, a further and 
important source of the differences of practice existing 
between the Lodge and Chapter ; namely, that of a gen- 
eral grand organization for the entire country. As al- 
ready remarked in the chapter upon Grand Lodge 
Trials, there is in symbolic Masonry no general organ- 
ization of superior jurisdiction over the Grand Lodges. 
The Grand Lodges within the several States are inde- 
pendent and sovereign (subject, of course, to the An- 
cient Landmarks) within their particular jurisdictions, 
owing allegiance to no superior body whatsoever. But 
in capitular Masonry there is a national, central organ- 
ization. " The General Grand Chapter of Eoyal Arch 
Masons of the United States of America" holds a gen- 
eral jurisdiction over all Chapters established by 
itself within the United States, and all others which 
recognize its jurisdiction. But this General Grand 
Body is formed strictly upon the principle of confeder- 
ation ; and it has no power of discipline, admonition 
censure, or instruction over the Grand Chapters, no) 
any legislative powers except such as are specially 
granted. (See Const, of G. G. Chap., Art. 1, Sec. 2.) 
Nevertheless, its rulings and decisions upon questions 



TRIAL EST THE CHAPTER. 141 

of Masonic law have always great weight with the 
craft everywhere ; and are usually followed, even by 
general and subordinate bodies not within its constitu- 
tional jurisdiction. 

The Grand Chapters of the States of Pennsylvania, 
Virginia, and Florida, having been organized under 
other auspices, and having never identified themselves 
with the General Grand Chapter, are not within its 
jurisdiction. The Grand Chapters of Yermont, Rhode 
Island, Iowa, Kentucky, North Carolina, Alabama, 
Georgia, and Texas have assumed to withdraw from the 
Supreme National Body, but the General Grand 
Chapter still holds them as subject to its jurisdiction, 
and at its twentieth triennial convocation, held at St. 
Louis, in 1868, adopted an edict to the effect that no 
State Grand Chapter, organized under the authority 
of the General Grand Chapter of the United States, 
or which has at any time become a constituent mem- 
ber thereof, can lawfully sever its connection with the 
General Grand Chapter without its consent, the allegi- 
ance of the said Grand Chapters to the General Grand 
Chapter being inalienable. That admirable spirit of 
magnanimity, and that uniform good sense which have 
always characterized the Brotherhood throughout the 
United States, will, without doubt, soon bring this 
unfortunate disagreement as to the question of allegi- 
ance to an amicable adjustment. 

Keeping constantly in view, then, that general 



142 MASONIC TRIALS. 

similarity which pervades all Masonic trials, in what- 
ever bodies they may occur, let us pass to the consid- 
eration, somewhat in detail, of a trial in a Chapter of 
Koyal Arch Masons. 

That which first demands attention is 

THE OFFENCE. 

The general definition of a Masonic offence, given 
in the opening of the Chapter upon Masonic offences, 
in a former part of this work, applies with equal force 
in Chapter jurisprudence ; and the same general ruh s 
of interpretation govern the question in the one ca^e 
as in the other. But a violation of the particular By- 
Laws and regulations of the Lodge would not subject 
a companion to discipline in the Chapter; for the 
Chapter takes no cognizance of the private govern- 
ment of the Lodge, and vice versa. INTot so, however, 
in case of violation of any of the obligations of the 
Lodge degrees ; for to whatever grade a Mason may 
advance, he carries with him, in all their binding force, 
the obligations of every inferior degree. He does not 
upon taking the Chapter degrees, cease to be a Master 
Mason. 

THE TRIBUNAL. 

For the purpose of a trial in the Chapter, the tri- 
bunal must be composed of Royal Arch Masons alone. 

The Chapter must be duly chartered, its officers 
regularly elected and installed, and in all respects a 



TRIAL IN THE CHAPTER. 143 

regular working Chapter, before it can hear or deter- 
mine a Masonic trial. Chapters under dispensation 
have no judicial powers. 

The Chapter cannot be opened, nor entertain charges, 
unless there be present at least nine regular Royal 
Arch Masons. 

The High Priest presides at the trial, and his 
powers and functions are similar in all respects, as re- 
gards the trial, to those of the Worshipful Master of a 
Lodge under like circumstances. When the High 
Priest is absent, his duties must be performed by the 
King, if present. If both the High Priest and King 
are absent, the Scribe takes the chair. The High 
Priest may call any Past High Priest temporarily to 
the chair during a trial, who may, while in the chair, 
exercise all the powers of the High Priest. But a 
Past High Priest cannot open the Chapter and preside, 
unless either the High Priest, King, or Scribe be 
present ; nor then, without the direction or consent of 
the proper officer. 

The trial must begin at a regular convocation, and 
the Chapter must be open upon the highest degree to 
which the accused has attained. After the trial it 
properly begun, it may continue at special convoca- 
tions called for that purpose, which would, in such 
case, be considered only a continuation of the regular. 

The presence of visitors ought not to be permitted 
during any portion of the trial. 



14:4 MASONIC TRIALS. 

THE JURISDICTION. 

The question of jurisdiction is regulated by the 
same general principles in the Chapter as in the 
Lodge, except as varied by special enactment of the 
several Grand Chapters ; and the same distinctions as 
regards personal and territorial jurisdiction prevail in 
the one case as in the other. 

The High Priest is exempt from the penal jurisdic- 
tion of his Chapter, in like manner as a Master is 
exempt from that of his Lodge. The exemption of 
the Grand High Priest is also analogous to that of the 
Grand Master ; the Grand Chapter alone having penal 
jurisdiction over him. 

A Chapter has exclusive jurisdiction in all cases of 
violation of its own By-Laws and regulations. As to 
all general Masonic offences, it holds a concurrent 
jurisdiction with the Lodge. 

Mark Masters, Past Masters, and Most Excellent 
Masters are subject to the penal jurisdiction of the 
Chapter, and must be tried upon the highest degree 
to which the accused has attained, until the ballot is 
reached, which must in every case be taken upon the 
Royal Arch degree. 

JSTon-amliants and sojourners are subject to the juris- 
diction of the Chapter where they reside. 

CHARGES AND ANSWER. 

Precisely the same rules regulate the drafting, 



TRIAL IN THE CHAPTER. 145 

introduction, and service of the charges, the issuing, 
service, and return of the summons, and the appear- 
ance and answer of the accused in the Chapter as in 
the Lodge; with the exception, of course, of such 
particular changes as may be made by the several 
Grand Chapters. 

The following forms, adapted for use in Chapter 
trials, will sufficiently illustrate this portion of the 
subject. 

FORM OF CHARGES. 

To the M. E. High Priest, King, Scribe, and Com- 
panions of Chapter, No, ... of Koyal Arch Masons : 

Companion A. B., a Eoyal Arch Mason (or M. M., 

P. M., or M. E. M.) of (here state the residence, 

membership, affiliation, non-affiliation, or other Masonic 
standing of the accused) is hereby charged with un- 
masonic conduct, in this — to wit: 

Specification 1. — That the said A. B., on the day 

of , A. L. 58 . . ., A. I. 23 . . ., at the town (village, or 

city) of , in the County of , State of , 

did violently assault and strike Companion C. D. 

Specification 2. — That the said A. B., on the day and 
at the place aforesaid, did speak and use toward the said 
Companion C. D. the following scandalous and insult- 
ing language, to wit : (here set out the words used.) 

Specification 3. — That the said A. B., on the day and 
at the place aforesaid, did, in presence and hearing of 
several persons, speak and utter of and concerning the 
said Companion, C. D., the following slanderous and 
malicious words, to wit: (here set out the words.) 

7 



1±6 MASONIC TRIALS. 

All of which acts of the said A. B. were in violation of 
his duties and obligations as a Mason, and to the injury 
of the said 0. D., as well as to the scandal and disgrace 
of the Masonic Fraternity ; wherefore it is demanded 
that the said A. B. be put upon trial therefor, and dealt 
with according to Masonic law and usage. 

Dated...., A. L. 58. ..,A.L23.. . 

C D , Accuser. 

FORM OF SUMMONS. 

To Companion A. B. : 

You are hereby summoned and required to appear at 

the regular convocation of Chapter, No. . . , of 

Eoyal Arch Masons, to be held at Masonic Hall, at 

, in the County of , State of , on the 

day of , A. L. 58 . . ., A. I. 23 . . . , at o'clock 

p. m., then and there to make answer to charges and 
specifications now on file against you in said Chapter, a 
true copy of which charges and specifications is hereto 
annexed. 

Dated...., A. L. 58. . ., A. I. 23. . . 
By order of the Chapter, 

E F , Secretary. 



Seal of 

the 
Chapter 



FORM OF ANSWER. 

To the M. E. High Priest, King, Scribe, and Com- 
panions of Chapter, No of Eoyal Arch 

Masons : 

In the matter of the charges and specifications intro- 
duced in said Chapter by C. D., against A. B., comes the 



TRIAL IN THE CHAPTER. 147 

said A. B. in person (or by Y. Z., his counsel), and answers 
as follows, namely : 

As to specification first, lie admits that he did assault 
and strike the said 0. D. ; but he alleges that he did the 
same in necessary defence of his own person (family, or 
property), the said 0. D. having then and there first 
assaulted him; and he further alleges that he used no 
more force than was necessary to repel the injury which 
the said 0. D. then and there attempted against him. 
(Here insert any other material facts in justification.) 

As to specification second, he admits that he did use 
toward the said 0. D. the words therein specified ; but 
he alleges that he was greatly provoked thereto by vio- 
lent and abusive language then and there used toward 
him by the said 0. D., which language was as follows : 
(Here set forth the language, and any other material 
facts in extenuation.) 

As to specification third, he says that he is not guilty. 

Dated...., A. L. 58..., A. 1.23... 

A B , Accused. 

For full and particular information regarding the 
various forms of charges, specifications, and answers, 
the reader is referred to the chapters upon the Charges 
and the Answer, in a former portion of this work ; the 
above being only designed to illustrate those technical 
differences of form and address peculiar to proceedings 
in a Chapter, as contradistinguished from those in a 
Lodge. 

The rules as to counsel, amendments, etc., are simi- 



148 MAS0OTC TRIALS. 

lar to those in the Lodge. Counsel for either party 
must be a Boyal Arch Mason in good standing. 

~No appeal lies from the rulings of the High Priest 
to the Chapter. The only remedy is by appeal to the 
Grand Chapter. 

Neither can a Chapter amend or suspend its by- 
laws to reach the exigencies of any particular case. 
The prosecution must be made under the law as it 
existed at the time of the commission of the offence. 

Ex post facto (or retrospective) laws or regulations 
cannot lawfully be made by any Masonic body. 

The accuser must be a Royal Arch Mason in good 
standing. 

Charges against a High Priest, or against a Chapter, 
must be made to the Grand Chapter. 

THE PEOOFS. 

The rules as to the proofs are the same as in the 
Lodge, and the commission is appointed and reference 
made in the same manner. Full forms of notices, 
summonses, minutes, and report of Commissioners, and 
all other matters pertaining to this department of the 
trial, are found in the chapter upon Proofs in the 
Lodge, requiring only to be changed as to the address, 
and a few other minor particulars, to adapt them for 
use in the Chapter. 

Upon the closing of the proofs the Commissioners 
(over whose meetings the High Priest has always the 



TRIAL IN THE CHAPTER. 149 

right to preside) make their report, and the case is 
argued before the Chapter, if the parties so desire. 
The accuser and accused, with their counsel, then 
retire, and the Chapter proceeds, after due delibera- 
tion, to pass 

JUDGMENT AND SENTENCE. 

This can only occur upon the degree of Royal 
Arch ; and if the Chapter were previously open upon 
a lower degree, for the trial of one of an inferior rank, 
the Chapter must first be raised to the degree of Royal 
Arch before the vote can, be taken. 

Every companion must vote, unless excused by vote 
of the Chapter. 

The question first occurs upon the guilt or inno- 
cence of the accused ; and the same regulations gov- 
ern all the ballotings as in the Lodge. Two-thvrds of 
all the votes cast are required to convict. The ballot 
should be taken and recorded upon each of the charges 
and specifications separately, if there be more than one. 

If the accused be convicted, the question is then 
taken upon the penalty; and here again the same 
rules, the same order, the same penalties, and the 
same majorities obtain as in the Lodge ; always with 
reference, of course, to any special legislation by the 
Grand Chapter under whose jurisdiction the trial 
occurs. 

Sentence of expulsion or suspension in the Chapter 
expels or suspends also in the Council and Command- 



150 MASONIC TRIALS. 

ery, but not in the Lodge. It is a universal rule, that 
a Masonic sentence extends to every degree in the 
body where it is passed, and to all degrees and bodies 
above, but to none below; the reasons for which 
appear at length in the treatise upon trials in the 
Lodge. 

Notification of judgment and sentence is then made 
to the parties (if absent), to the Grand Chapter, and 
adjacent Chapters; this being usually regulated by 
constitutional provision or special edict. 

Here the trial closes, unless an appeal be taken. 

APPEALS. 

Appeals lie from the Chapter to the Grand Chapter, 
as from the Lodge to the Grand Lodge ; but no appeal 
can be taken from the Grand Chapter of a State to the 
General Grand Chapter of the United States. Al- 
though the General Grand Chapter exercises a general 
legislative control over the several Grand Chapters 
under its jurisdiction, yet it takes neither original nor 
appellate jurisdiction of Masonic offences, aside from 
the enforcement of its own particular constitution, by- 
laws, and regulations ; the Grand Chapters being, as 
regards general criminal jurisprudence in capitular 
Masonry, the tribunals of last resort. 

From any ruling or decision of the High Priest or 
Chapter in any matter relating to the general business, 
work, or legislation of the Chapter, an appeal may be 



TRIAL IN THE CHAPTER. 151 

taken either to the Grand High Priest or tc the Grand 
Chapter ; but if taken to the Grand High Priest, an 
appeal may again be taken from his decision to the 
Grand Chapter, where alone a final decision can be 
had. But in a Masonic trials where the question of 
guilt or innocence is involved, the appeal cannot be 
taken to the Grand High Priest. It must in such 
case be taken to the Grand Chapter ; the powers of 
the Grand High Priest being analogous in this regard 
to those of the Grand Master in symbolic Masonry. 

No appeal can be made from the action of a subor- 
dinate Chapter (if regularly taken), in the admission of 
members or the election of candidates. The choice 
and regulation of its own membership is an inherent 
right of a Chapter, as it is of a Lodge, and with it the 
Grand Chapter cannot interfere. But for any irregu- 
larity in such action, as for balloting upon an inferior 
degree, or conferring degrees upon a ballot found not 
clear, an appeal maybe taken ; as this does not involve 
the question of the power of the Chapter to admit or 
reject, but only the improper exercise of that power. 

The particular methods of taking an appeal in the 
Chapter are similar to those in the Lodge ; full forms 
and directions for which will be found in the chapter 
on Appeals. 

The Grand Chapter has plenary power in the prem- 
ises, and upon the trial of the appeal makes such 
decision as the exigency of the case may demand; 



152 MASONIC TRIALS. 

either affirming, reversing, or varying the decisiDn of 
the subordinate body, as justice shall seem to require. 
If' a new trial be awarded, it is attended with the like 
effects as to the standing of the accused, and is fol- 
lowed with the like proceedings, as when granted by 
the Grand Lodge. 

RESTORATION. 

The question of restoration is so fully treated in a 
preceding chapter devoted to that subject, that nothing 
more than a passing remark is necessary here. "Where 
the common and ancient law in regard to Masonic res- 
toration remains unchanged by any local edicts or 
regulations, it is literally the same in its principles, 
analogies, and practice in capitular as in symbolic 
Masonry. But such is the tendency in some localities 
to meddle with the salutary doctrines of the fathers 
upon this subject, that prudence requires a reference 
to the constitution and edicts of the local jurisdiction 
before taking any important action in this regard. 

THE GRAND HIGH PRIEST 

Has the power, either in an original or appeal case, 
to arrest the warrant of a Chapter or suspend a High 
Priest from his office during the pendency of the case, 
if, in his judgment, the welfare of the craft or the ends 
of justice shall so require. In this and most other 
particulars relative to trials and appeals, his powers 



TRIAL IE THE CHAPTER. 153 

and duties are strictly analogous to those of a Grand 
Master in like circumstances. 

And now let each companion who shall be called 
upon to conduct a trial in a Royal Arch Chapter, bear 
constantly in mind, that all the leading and funda- 
mental principles upon which he is to try his case are 
to be found, not in the Chapter, but in the Lodge. 
The Chapter is especially barren and scanty in all its 
legislation relative to judicial proceedings. This is as 
it should be ; for the true source of all correct Ma- 
sonic criminal jurisprudence is in the Lodge. Upon 
the Lodge, then, as the parent stem of the Order, the 
Chapter depends for its law ; and hence, we find that 
the legislation of the Chapter is limited to a few slight 
changes and a few unimportant provisions as to prac- 
tice merely ; very seldom varying the application of 
an ancient and well-settled principle. 

Thus the treatise upon Trials in the Lodge becomes 
in effect a treatise upon Masonic trials everywhere. 
Let no companion think for a moment, then, that the 
few forms and comments here given constitute all, or 
even any considerable portion, of the law of trials in 
the Chapter. In connection with these observations 
let him carefully study the treatise upon Trials in the 
Lodge in all its departments ; let him then thoroughly 
understand the special local regulations of the juris- 
diction in which he is to try his case, together with 
the constitution and edicts of the General Grand 



154: MASONIC TRIALS. 

Chapter, if he be within its jurisdiction, and he will 
then be able to conduct his cause with skill and 
success. 

Above all, if any companion would be either suc- 
cessful in the trial of causes, or skilful in the govern- 
ment of the craft, let him not settle down upon the 
narrow conclusion that Masonic jurisprudence is either 
inferior as a science or unimportant in its application 
and effects. Let him remember that our Masonic 
system is one of broad principles and mighty interests, 
— that its principles are those of eternal justice, and 
its interests those of a common humanity. Surely the 
study of a system of law so eminently just, pure, and 
humane, and the practice of that system before tribu- 
nals so uniformly intelligent, upright, and dignified as 
are those of the Masonic Order, must tend to polish 
and adorn the mind of any man. Lofty indeed must 
be the intellect that cannot be improved by the inves- 
tigation of a subject which has commanded the atten- 
tion of the leading jurists, statesmen, and literati of the 
world 1 




CONSTITUTIOH 

OP THE 

GENERAL 

FOR THE 

UNITED STATES OF AMEKICA. 
1868. 



AKTICLE I. 

OF THE GENERAL GRAND CHAPTER. 

Section 1. There shall be a General Grand Chap 
ter of Royal Arch Masons for the United States of 
America, which shall be holden triennially, at snch 
place as shall from time to time be designated for that 
purpose, and at which time the General Grand Offi- 
cers shall be elected by ballot, and installed ; except 
the General Grand Chaplain, who shall be appointed 
by the General Grand High Priest at the commence- 
ment of each convocation of the General Grand 
Chapter. 

The General Grand Chapter, at any regular meet- 
ing, may change the time for the next succeeding 



156 CONSTITUTION OF THE 

meeting ; and if, in the opinion of the General Grand 
High Priest, or, in case of his death or absence, of the 
Senior General Grand Officer, there shall be danger 
to life or health, from sickness or other local cause, by 
any meeting being held at the time appointed, he may 
change the time of the particular meeting to some 
subsequent time ; and in the event of such change 
being made, he shall immediately notify the General 
Grand Secretary thereof, who shall forthwith notify 
the other officers and members, in such manner as he 
may deem best calculated to effect the desired object. 

Sec. 2. The General Grand Chapter has and pos- 
sesses no other powers than such as are expressly 
granted and delegated to it by them, or as are indis- 
pensably necessary to the exercise of its general 
powers, and consistent with the nature of the confed- 
eration between the State Grand Chapters. It can 
exercise no doubtful powers, nor any power by impli- 
cation merely; and all Masonic powers not hereby 
granted to it are reserved to the Grand and Subordi- 
nate Chapters of the several States, or to K. A. 
Masons individually. 

It shall have and maintain jurisdiction over all 
Chapters established by itself in those States, Districts, 
Republics, and Territories which recognize this juris- 
diction, and where there is no Grand Chapter estab- 
lished. 

It shall have power to decide all questions of Ma- 



GENERAL GRAND CHAPTER. 157 

sonic law, usage, and custom, which may arise between 
any two or more Grand Chapters, or in any of the 
Subordinate Chapters under its own immediate juris- 
diction, and all that may be referred to it for its deci- 
sion by any Grand Chapter, by formal vote ; and its 
decisions so made shall be deemed and regarded as 
those of the supreme judicial tribunal of Royal Arch 
Masonry in the last resort. 

It shall have no power of discipline, admonition, 
censure, or instruction over the Grand Chapters, nor 
any legislative powers whatever, not hereby specially 
granted, nor any authority to suspend the proceedings 
of any State Grand Chapters, nor shall entertain any 
complaint against a Grand Chapter, preferred by any 
Subordinate Chapter or individual Mason in that juris- 
diction or elsewhere ; but it may, upon proper refer- 
ence to it of any matter of controversy between any 
two or more Grand Chapters, and even where the 
question is not one of Masonic law, custom, or usage 
(both or all such Grand Chapters consenting to such 
reference), act as final arbiter between them, and settle 
such controversy. 

It shall judge of the qualifications of its own mem- 
bers. It shall see that the ancient work of the Order 
is preserved in the several degrees, and establish uni- 
form formulas for installation of its own officers, and 
those of Grand and Subordinate Chapters, for the 
consecration and constitution of Chapters, and the 



158 CONSTITUTION OF THE 

opening of Grand Chapters; and it may suspend thft 
proceedings of any Chapter under its own immediate 
jurisdiction, in any State, District, or Territory where 
there is no Grand Chapter, for any wilful violation of 
any of the provisions of this Constitution, or for grosa 
unmasonic proceedings or conduct. 

Sec. 3. The officers of the General Grand Chapter 
shall consist of a General Grand High Priest, Deputy 
General Grand High Priest, General Grand "King, 
General Grand Scribe, General Grand Treasurer, 
General Grand Secretary, General Grand Chaplain, 
General Grand Captain of the Host, and General 
Grand Royal Arch Captain. These, together with the 
first four officers, and all Past Grand High Priests of 
every State Grand Chapter under this jurisdiction, or 
the proxies of the first four General Grand Officers, 
and of the first four Officers of each State Grand 
Chapter aforesaid, shall compose the General Grand 
Chapter : Provided, That any Chapter under this juris- 
diction, in any State, District, or Territory where there 
is no Grand Chapter duly established, shall have a right 
to appear by its first three officers, or any one or two 
of them, which officers shall collectively have one vote. 

Sec. 4. On all questions to be decided by the Gen- 
eral Grand Chapter, each State Grand Chapter shall 
be entitled to four votes by its representative or repre- 
sentatives. If there be but two representatives, the 
inferior officer, or his proxy, shall give but his own 



GENERAL GRAND CHAPTER. 159 

single vote, and the higher, or his proxy, shall give the 
other three. If there be three representatives, the 
highest officer, or his proxy, shall give two votes, and 
the others, or his proxies, one each. 

The General Grand Officers, when present, shall 
each have one vote ; and no General Grand Officers 
shall be allowed to take a seat in the General Grand 
Chapter as the representative of any State Grand 
Chapter ; nor shall any member of the General Grand 
Chapter be permitted to vote as proxy, while the per- 
son giving the proxy is present ; nor shall any person 
be admitted into the General Grand Chapter as the 
representative of more than one State Grand Chapter, 
at one and the same time. 

Sec. 5. The General Grand High Priest and Deputy 
General Grand High Priest shall have authority to 
call a special meeting of the General Grand Chapter 
whenever they may consider it expedient or necessary ; 
and it shall be their duty so to do when properly re- 
quested by a majority of the State Grand Chapters, of 
which four months' notice shall be given of the time 
and place of meeting. 

Sec. 6. The General Grand High Priest, Deputy 
General Grand High Priest, General Grand King, 
and General Grand Scribe, shall severally have powei 
and authority to grant Dispensations, for a limited 
length of time, for new Poyal Arch Chapters and 
Lodges of the appendant Orders, in any State, Country, 



160 CONSTITUTION OF THE 

Republic, or Territory in which there is not a Grand 
Chapter regularly established, when in their opinion 
the good of the Craft may require the same, which 
term of time shall in no case extend beyond the close 
of the next triennial meeting of the General Grand 
Chapter ; but no new Chapter shall be established in 
any State, Country, Republic, or Territory where 
there is a Chapter within a reasonable distance, under 
the jurisdiction of this General Grand Chapter, with- 
out the approbation of the Chapter nearest to the 
place where said new Chapter is proposed to be 
located; and in all cases of such Dispensation, the 
officer who may grant the same shall immediately 
notify the General Grand Secretary thereof, and make 
report of the same at the next triennial meeting of 
this General Grand Chapter, when the General Grand 
Chapter may grant the said Chapter a Charter. 

Sec. 7. The fees for instituting a new Royal Arch 
Chapter, with Subordinate Degrees, shall be ninety 
dollars, and no more ; and no credit shall be given for 
Dispensations or Charters, or for conferring the degrees, 
in any Chapter or Lodge under this jurisdiction. And 
every Chapter holden by Dispensation or Charter 
under this jurisdiction, shall pay into the treasury of 
the General Grand Chapter the sum of two dollars for 
each companion therein exalted, until such time as a 
Grand Chapter shall be regularly established in the 
State, Country, Republic, or Territory in whicii <awb 



GENERAL GRAND CHAPTER. 161 

Subordinate Chapter is located. The Secretary shall 
be paid by the petitioners ten dollars for his services 
in furnishing the Charter. 

The fees in the several States for conferring the 
several degrees of Mark Master, Past Master, Most 
Excellent Master, and Royal Arch Mason shall not be 
less than twenty dollars. 

Sec. 8. It shall be the duty of the General Grand 
High Priest, Deputy General Grand High Priest, 
General Grand King, and General Grand Scribe, to 
improve and perfect themselves in the sublime Arts 
and Work of Mark Masters, Past Masters, Most Ex- 
cellent Masters, and Royal Arch Masons; to make 
themselves masters of the several Masonic Lectures 
and Ancient Charges ; to consult with each other, and 
with the Grand and Deputy Grand High Priests, 
Kings, and Scribes of the several State Grand Chap- 
ters aforesaid, for the purpose of adopting measures 
suitable and proper for diffusing a knowledge of the 
said Lectures and Charges. And the better to accom- 
plish this laudable object, the aforesaid officers are 
hereby severally authorized and empowered to visit 
and preside in any Chapter of Royal Arch Masons, 
and Lodge of Most Excellent Master, Mark, and Past 
Master Masons, throughout the said States, and to 
give such instructions and directions as the good of 
the Fraternity may require, always adhering to the 
ancient landmarks of the Order. 



102 CONSTITUTION OF THE 

Sec. 9. The only degrees recognized by this Gen- 
eral Grand Chapter to be conferred in Chapters unde* 
its jurisdiction, are Mark Master, Past Master, Most 
Excellent Master, and Koyal Arch Mason. And no 
Boyal Arch Mason, who shall have regularly received 
said degrees, shall be excluded from the rights of such 
by reason of his not being in possession of any other, 
so called, degrees. 

Sec. 10. In all cases of the absence of an officer 
from any body of Masons, instituted or holden by virtue 
of this Constitution, the officer next in rank shall 
occupy his place; unless, through courtesy, or for 
other reasons, he should decline in favor of a Past 
High Priest. 

Sec 11. In every Chapter and Lodge under the 
immediate jurisdiction of this General Grand Chapter, 
all questions (except the admission of members or 
candidates, which shall require a unanimous ballot) 
shall be considered and determined in such way and 
manner as such Chapters and Lodges may, all circum- 
stances considered, find most conducive to their har- 
mony and permanent prosperity : Provided, They do 
not in any case interfere with, or infringe on, the regu- 
lations of the General Grand Chapter. 

Sec 12. The General Grand Secretary of the 
General Grand Chapter shall have and keep a seal, 
which shall be affixed to all his communications. 

Sec 13. Should any casualty, at any time here* 



GENERAL GRAND CHAPTER. 163 

after, prevent the triennial election of officers, the 
several officers shall retain their respective offices until 
successors are duly elected and qualified. 

Sec. 14. An appeal shall in all cases lie to the Gen 
eral Grand Chapter, from the decision of the M. E. 
General Grand High Priest; but his opinion and 
decisions shall stand as the judgment of the General 
Grand Chapter, unless it is otherwise determined by 
the concurrent vote of two-thirds of all the members 
present. 

AETICLE II. 

OF STATE GRAND CHAPTERS. 

Section 1. The State Grand Chapters shall severally 
consist of a Grand High Priest, Deputy Grand High 
Priest, Grand King, Grand Scribe, Grand Treasurer, 
Grand Secretary, Grand Chaplain, Grand Captain of 
the Host ; and likewise of the High Priests, Kings, and 
Scribes for the time being, of the several Chapters 
over which they shall respectively preside, and of the 
Past Grand and Deputy Grand High Priests, Kings, 
and Scribes, of the said Grand Chapters ; and the said 
Grand Chapters shall have full power and authority 
to elect such other officers, and to establish such 
rules and regulations as they shall, from time to time, 
consider necessary and proper : Provided, such regu- 
lations do not in any way interfere with the provisions 
of this Constitution. 



164 CONSTITUTION OF THE 

Sec. 2. The State Grand Chapters shall severally be 
holden once in every year, and oftener if they may 
consider it expedient or necessary, at such time and 
place as they shall respectively direct ; and, at their 
annual meetings, the constitutional officers shall be 
elected or appointed in such manner as shall be pro- 
vided for by their rules and regulations, and installed 
into their respective offices ; and the Grand, or Deputy 
Grand High Priests, respectively, for the time being, 
may call special meetings, to be holden at such times 
and places as they may think proper. 

Sec 3. The several State Grand Chapters shall 
have the sole government and superintendence of the 
several Royal Arch Chapters, and Lodges of Most 
Excellent, Past, and Mark Master Masons, within 
their respective jurisdictions, to assign their limits, 
and to settle their controversies that may happen be- 
tween them ; and shall have power, under their re- 
spective seals and the signs-manual of their respective 
Grand, or Deputy Grand High Priests, Kings, and 
Scribes, attested by their respective Grand Secretaries, 
to constitute new Chapters of Poyal Arch Masons, 
within their respective jurisdictions ; but their juris- 
diction shall in no case be construed to extend beyond 
the limits of the State, except by consent of the Gen- 
eral Grand Chapter. 

Sec. 4. The Grand and Deputy Grand High 
Priests, severally, shall have the power and authority, 



GENERAL GRAND CHAPTER. 165 

whenever they shall deem it expedient, during the 
recess of the Grand Chapter of which they are officers, 
to grant letters of Dispensation under their respective 
hands and private seals, to a competent number of 
petitioners, possessing the qualifications required by 
the 7th section of the Second Article of this Constitu- 
tion, empowering them to open a Chapter of Royal 
Arch Masons, for a certain specified term of time : 
Provided^ that the said term of time shall not extend 
beyond the next meeting of the Grand Chapter of the 
State in which such Dispensation shall be granted ; 
And provided, further, that the same fees as are re- 
quired by this Constitution for Charters, shall be first 
deposited in the hands of the Grand Secretary. And 
in all cases of such Dispensation, the officer who may 
grant the same shall make report thereof at the next 
stated meeting of the Grand Chapter of his jurisdic- 
tion, when the said Grand Chapter may either con- 
tinue or recall the said Dispensation, or may grant the 
petitioners a Charter of constitution. And in case 
such Charter shall be granted, the fees first deposited 
shall be credited in payment of the same ; but if a 
Charter should not be granted, nor the Dispensation 
continued, the said fees shall be refunded to the peti- 
tioners, excepting only such part thereof as shall have 
been actually expended by means of their applica 
tion. 

Sec. 5. No Dispensation or Charter shall be 



166 CONSTITUTION OF THE 

granted for instituting Lodges of Most Excellent, 
Past, or Mark Masters, independent of a Chapter of 
Royal Arch Masons. 

Sec. 6. The Grand Chapters shall have power, sev- 
erally, to require from the several Chapters under their 
respective jurisdictions such reasonable proportion of 
sums received by them for the exaltation or advance- 
ment of candidates, and such certain annual sums 
from their respective members, as by their ordinances 
or regulations shall be appointed ; all which said sums 
or dues shall be made good and paid annually by the 
said Chapters, respectively, over to the Grand Secre- 
tary of the Grand Chapter, under which they hold 
their authority, on or before the first day of the re- 
spective annual meetings of the several Grand Chap- 
ters. 

Sec. 7. No Dispensation or Charter for the institu- 
tion of a new Chapter of Royal Arch Masons shall 
be granted, except upon the petition of nine regular 
Royal Arch Masons ; which petition shall be accom- 
panied with a certificate from the Chapter nearest to 
the place where the new Chapter is intended to be 
opened, vouching for the moral character and Masonic 
abilities of the petitioners, and recommending that a 
Dispensation or Charter be granted them. 

Sec. 8. The Grand Secretaries of the State Grand 
Chapters shall, severally, make an annual comniunica* 
tion to each other, and also to the Secretary of the 



GENERAL GRAND CHAPTER. 167 

General Grand Chapter, containing a list of Grand 
Officers and all snch other matters as may be deemed 
necessary for the mutual benefit and information of 
the said Grand Chapters. 

And the said Grand Secretaries shall also regularly 
transmit to the Secretary of the General Grand Chap- 
ter a copy of all their By-Laws and regulations, and 
also a copy of their proceedings, annually, to each of 
the officers of the General Grand Chapter ; and the 
State Grand Chapters shall see that their Secretaries 
faithfully and punctually perform their duty. 

Sec. 9. Whenever there shall have been three 
Chapters regularly instituted and consecrated in any 
State, Country, Republic, or Territory, by virtue of 
authority derived from this Constitution, a Grand 
Chapter shall be established, so soon as convenience 
and propriety may dictate ; Provided, that the appro- 
bation of one of the first four officers of the General 
Grand Chapter be first obtained. And said Grand 
Chapters, by their regular officers, shall assemble in 
some suitable place, elect their officers, and make such 
rules and regulations for their government as may be 
necessary — not inconsistent with the regulations of the 
General Grand Chapter. 

Sec. 10. ~No person shall be permitted to take a 
seat in any State Grand Chapter as the representative 
of more than one Chapter, nor unless he is a member 
of a subordinate Chapter under that jurisdiction. 



168 CONSTITUTION OF THB 

AETICLE in. 

OF THE SUBORDINATE CHAPTERS. 

Section 1. Every Chapter of Royal Arch Masons 
throughout tliis jurisdiction, shall have a Dispensation, 
as is provided in Section 6, of Article I., or Section 4, 
of Article II., of this Constitution or Charter, from the 
General Grand Chapter, or from some Grand Chapter 
under the jurisdiction of the General Grand Chapter, 
and no Chapter shall be deemed legal without such 
Dispensation or Charter ; and Masonic communica- 
tion, both public and private, is hereby interdicted and 
forbidden between any Chapter or any member of it, 
and any Chapter or assembly that may be so illegally 
formed, opened, or holden without such Charter, or 
any or either of their members, or any person exalted 
or advanced in such illegal Chapter. But nothing in 
this section shall be construed to affect any Chapter 
which was established before the adoption of the 
Grand Royal Arch Constitution, at Hartford, on the 
27th day of January, a. d. 1798. 

Sec. 2. Whenever a Charter is issued for instituting 
a Chapter of Royal Arch Masons, with a power in said 
Charter to open and hold Lodges of Most Excellent, 
Past, and Mark Master Masons — the High Priest, 
King, and Scribe, for the time being, of such Chapter, 
shall be the Master and Wardens in said Lodges, 
according to seniority. 



GENERAL GRAND CHAPTER. 169 

Sec. 3. It is incumbent on the High Priest of every 
Chapter, as appertaining to his office, duty, and dig- 
nity, to see that the By-Laws of his Chapter, as well 
as the Constitution of the General Grand Chapter, 
and the regulations of the Grand Chapter, be duly 
observed ; that all his subordinate officers perform the 
duties of their respective stations faithfully, and are 
examples of diligence and industry to their Compan- 
ions ; that true and exact records be kept of all the 
proceedings of the Chapter, by the Secretary ; that the 
Treasurer keep and render exact and just accounts of 
all moneys belonging to the Chapter; that regular 
returns be made by the Secretary annually to the 
Grand Chapter, of the admission of all candidates or 
members, and that the annual dues to the Grand 
Chapter be regularly and punctually paid. The Char- 
ter of his Chapter is committed to his special care and 
charge. He has the right and authority of calling his 
Chapter at pleasure, upon any emergency or occur- 
rence, which in his judgment may require their meet- 
ing, and he is to fill the chair when present. It is 
likewise his duty, together with his King and Scribe. 
to attend the regular and special meetings of the Grand 
Chapter, either in person or by proxy. 

Sec 4. No person, having been a member of a 
Chapter, shall be admitted a member of any other 
Chapter under this jurisdiction, until he shall have 
produced a certificate from a Chapter to which he last 



170 CONSTITUTION OF THE 

belonged, that he was in regular standing, and as such, 
at his own request, is dismissed and recommended. 

Sec. 5. That any worthy Companion, from without 
the jurisdiction of the United States, who may present 
himself as a Royal Arch Mason, and produce satisfac- 
tory evidence of his having received that degree, that 
each and every Chapter under the jurisdiction of tins 
General Grand Chapter have liberty, and they are 
hereby authorized, to confer the degrees of Mark 
Master, Past Master, and Most Excellent Master, on 
such Companions (who have not heretofore received 
them), to the end that they may be healed, and thereby 
become regular Royal Arch Masons, tree of charge. 

Sec. 6. That the Subordinate Chapter so conferring 
said degree shall be exempt from paying any dues 
therefor. 

Sec. 7. It shall not be deemed regular for any 
Chapter to confer the degrees of the Chapter upon any 
person whose fixed place of abode is within any other 
State in which there is a Chapter regularly established, 
except by consent of the Chapter nearest the place of 
residence of said applicant. 

MISCELLANEOUS. 

Section 1. Whenever it shall be inconvenient for 
the General Grand Officers, or the Grand or Deputy 
Grand High Priests, respectively, to attend in person 
to constitute a new Chapter and install the officers, 



GENERAL GRAND CHAPTER. 171 

they shall severally have power and authority to 
appoint some Worthy High Priest, or Past High 
Priest, or the High Priest of the same Chapter while 
it was under Dispensation, when he himself shall have 
been installed, to perform the necessary ceremonies. 

Sec, 2. The officers of every Chapter under this 
jurisdiction, whether chartered or under dispensa- 
tion, before they enter upon the exercise of the 
respective offices, and also the members of all such 
Chapters, and every candidate, upon his admission 
into the same, shall take the following obligation, viz. : 
"I, A. B., do promise and swear, that I will support 
and maintain the Constitution of the General Grand 
Chapter of Royal Arch Masons for the United States 
of America." 

Sec. 3. This Constitution shall not be altered or 
amended, unless such alteration or amendment be pro- 
posed in writing at one regular meeting of the General 
Grand Chapter, published among the minutes of the 
proceedings, and at the next regular meeting receive 
the approval of two-thirds of the members then 
present. 



I hereby certify that the foregoing is a true copy 
of the Constitution of the General Grand Chapter 
of Royal Aroh Masons for the United States of 
America. 



172 CONSTITUTION OF THE GENERAL GRAND CHAPTER. 

In testimony whereof, I have caused the Seal of the 
General Grand Chapter to be hereunto affixed. 

Dated at the city of Cincinnati, this 1st day of No- 
vember, 1865, and the year of the Order 2395. 

John D. Caldwell, 

General Grand Secretary* 




GENERAL USAGES AND REGULATIONS 



OP 



EOTAL AEOH MASONEY, 



1. When the Grand High Priest is absent from the 
Grand Chapter, the chair shall be taken by the 
Deputy. If both are absent, the Grand King, or if 
he be likewise absent, the Grand Scribe must take the 
chair. If all these officers are absent, the senior Past 
Grand officer present must preside. If no such 
Grand officer be present, the duty will devolve on the 
High Priest of the oldest Chapter present. 

2. When the High Priest of a Chapter is absent, 
his duties must be performed by the King and Scribe 
in succession. If they should likewise be absent, the 
Chapter cannot be opened. The warrant of Constitu- 
tion is granted to the High Priest, King, and Scribe, 
and their successors in office, and to no one else ; and 
no one else can lawfully act. A Past High Priest, 
being out of office, has no powers pertaining to the 



171 ROYAL ARCH MASONRY. 

office ; and he cannot lawfully assume the chair except 
by direction of an officer authorized to preside. 

3. No officer of a Grand or a subordinate Chapter 
can be recognized as such until he has been installed. 

4. Every officer is entitled to hold his office until 
his successor has been elected and installed. 

5. No officer can resign his office after he has been 
installed ; nor can any election of officers be held ex* 
cept at the constitutional convocation for that purpose, 
unless by dispensation. 

6. No Chapter can, at an extra convocation, alter or 
expunge the proceedings of a regular convocation. 

7. No Chapter can interfere in the business of an- 
other Chapter, or give degrees to candidates who have 
been accepted by other Chapters, without their con- 
sent. 

8. No resident of any State in which there is a 
Chapter, can receive the degrees in any Chapter in 
another State, unless with the approbation of the 
Chapter nearest his place of residence. 

9. The degree of Mark Master, Past Master, Most 
Excellent Master, and Eoyal Arch, are the only de- 
grees which can be conferred in a Chapter. 

10. No candidate can be permitted to receive the 
Chapter degrees who is deformed, maimed, or imper- 
fect in his limbs, or whose physical defects are such as 
to prevent him from conforming literally to all the 
requirements of the several degrees. 



GENERAL USAGES AND REGULATIONS. 175 

11. No candidate can be elected to receive the de- 
grees, nor any Royal Arch Mason be admitted a 
member of any Chapter, except by a unanimous vote 
in his favor. 

12. All ballotings for candidates, and upon trials of 
companions, must be taken in the Royal Arch degree. 
But a brother who is not a Royal Arch Mason may be 
tried in the degree to which he has attained, until the 
ballot is reached, which must be taken in the Royal 
Arch degree. 

13. None but Royal Arch Masons can be permitted 
to make any motion, vote, or join in any debate. 

14. Every subordinate Chapter, as well as every 
member of the same, has the right of appeal to the 
Grand Chapter, whose decision shall be final. 

15. There can be no appeal to the General Grand 
Chapter from the decisions of a Grand Chapter. 

16. Every Chapter must meet at least once in three 
months; and no Chapter can suspend its convoca- 
tions, unless by dispensation from the Grand Chapter, 
or from the Grand High Priest. 

17. No Chapter can be opened unless there be 
present nine regular Royal Arch Masons. 

18. No Chapter can be opened or held except by 
the authority of a warrant from the Grand Chapter, 
or a dispensation from the Grand or Deputy Grand 
High Priest. 



176 BOYAL ARCH MASONRY. 

19. Neither more nor less than three candidates can 
be exalted at the same time. 

20. It is not absolutely necessary that a High Priest 
should receive the degree of High Priesthood to qual- 
ify him for the due and legal discharge of his func- 
tions. But it is recommended that every High Priest 
should, as soon as convenient after his election, apply 
to a convention of High Priests for admission into 
that Order. 

21. No Chapter can work in one State under a war- 
rant or dispensation granted by the Grand Chapter of 
another State. 

22. No ex post facto law can be enacted by any 
Grand Chapter or subordinate Chapter. 

23. No warrant or dispensation can be granted for 
the opening of a new Chapter, except upon the peti- 
tion of at least nine regular Royal Arch Masons. 

24. The election of officers in subordinate Chapters 
must be held at the regular convocation next preced- 
ing the festival of Saint John the Evangelist, and the 
installation must take place as soon after the election 
as practicable. When, from any cause, the election is 
not held at the stated period, a dispensation from the 
Grand High Priest or Deputy Grand High Priest 
will be required for holding it at any subsequent time. 

25. No Chapter can suspend its by-laws. 

26. There can be no appeal from the presiding offi- 



GENERAL USAGES AND REGULATIONS. 177 

cer of a Chapter to the Chapter. The Grand Chap- 
ter alone can revise such decision. 

27. Every Chapter must consist of the following offi- 
cers : namely, High Priest, King, Scribe, Captain of 
the Host, Principal Sojourner, Poyal Arch Captain, 
Masters of the Third, Second, and First Veils, Treas- 
urer, Secretary, and Sentinel. 

28. ~No State Grand Chapter, organized by the au- 
thority of the General Grand Chapter of the United 
States, or which has at any time become a constituent 
member of the same, can lawfully sever its connection 
with the said General Grand Chapter without its con- 
sent ; but the allegiance of said Grand Chapters is 
inalienable. 




TEIAL 



IN 



THE COMMAMDERY. 



As we pass from symbolic and capitular Masonry 
into the orders of Masonic Knighthood, we enter a 
new atmosphere, and tread upon new ground. We 
are translated, as it were, from the Jewish Hierarchy 
to the Christian Dispensation ; to bear as our standard, 
instead of the banners of the tribes of Israel, the 
uplifted cross of Immanuel. Instead of the peaceful 
implements of architecture, we take the sword and 
helmet. We exchange the temple for the tent, the 
arch of stone for the arch of steel, and the sacrifices 
of burning incense for the sublimer sacrifice of the 
Atonement. 

With the particular history of the Orders of Ma- 
sonic Knighthood — a history of most romantic and 
mournful interest — it is not our province here to deal, 
further than to observe that they do not constitute a 
portion of Ancient Craft Masonry. They are of com- 
paratively modern date ; having taken their rise in the 
twelfth century of the Christian era, and being a devel- 
opment of the Crusades — that wonderful uprising of 



TRIAL IN THE COMMANDERY. 179 

the nations of Europe for the redemption of the Holy 
Sepulchre from the sway of the Saracens. 

But although not strictly a part of what is known 
as the " body of Masonry," the orders of Knighthood, 
as at present constituted, are so far based upon and 
engrafted into the ancient craft as to make them, for 
all present practical intents and purposes, a part of it ; 
so that now, by common consent of the entire Masonic 
world, the rank assigned to these orders is that of the 
highest division of the York rite. Hence, while these 
orders are military in their character, and while they 
are widely dissimilar in their organization, their work, 
and their symbolism, from Ancient Craft Masonry, 
they do nevertheless draw from that system the prin- 
ciples of Masonic jurisprudence and the rules of disci- 
pline by which they are regulated and governed, — a 
striking illustration of the power of symbolic Masonry, 
whose pervading genius seems to mould, direct, and 
overshadow every social order with which it becomes 
identified. 

Then let not the Masonic student imagine that 
because he has entered the knightly asylum, therefore 
"old things have passed away, and all things have 
become new." The same just and equitable system 
of criminal jurisprudence which governs the symbolic 
degrees, governs, in spirit, and often in exact letter, the 
Orders of Knight of the Red Cross, Knight Templar, 
and Knight of Malta ; differing, of course, in its appli- 



180 MASONIC TRIALS. 

cation, according as the tribunals wherein it is admin- 
istered differ in their constitutional workings and 
organization. 

Templar Masonry in the United States has, like 
capitular Masonry, a supreme central organization. 
" The Grand Encampment of Knights Templar of the 
United States of America" holds jurisdiction over all 
Grand Commanderies and subordinate commanderies 
in the United States ; and from this sovereign source 
emanates much of the law whereby offences are denned 
and trials regulated in these knightly orders. "While 
the jurisdiction of the General Grand Chapter of the 
United States is limited by its constitution in the 
strictest manner to certain specific matters, that of the 
Grand Encampment of Knights Templar is much 
more extensive and general in its character, and is 
more analogous to that of the Grand Lodge in sym- 
bolic Masonry. The several Grand Commanderies are 
in all things subordinate to the Grand Encampment, 
and are obliged regularly to report all their doings 
for inspection and review by the supreme body. The 
enactments and decisions of the Grand Encampment 
are law to all Knights Templar within its jurisdiction. 
Its edicts and regulations (as will be seen by reference 
to that portion of this work in which they are enu- 
merated) are much more numerous and more explicit 
than those of the General Grand Chapter ; and inas- 
much as they are universally obligatory, a particulai 



TRIAL W THE COMMANDERY. 181 

acquaintance with their provisions is indispensable to 
a correct and fall understanding of the law pertaining 
to trials in the Commandery ; for while the genera" 
principles npon which a trial is conducted in the Com 
mandery are the same as those which prevail in the 
symbolic degrees, yet the Commandery has a system 
of practice in a certain degree peculiar to itself, and 
which will require to be much more minutely consid- 
ered, for this reason, than the subject of trials in the 
Chapter. 

The several subordinate Commanderies have power 
to pass any edicts and regulations which they may 
deem proper or necessary for the government of their 
various jurisdictions ; but they have no power to pass 
any enactment conflicting with the constitution or 
laws of the Grand Encampment ; and any such pro- 
vision would be void for unconstitutionality. 

Supposing, then, the reader is familiar with the 
constitution and edicts of the Grand Encampment of 
the United States, and also of the Grand Command- 
ery within whose jurisdiction he resides, let us pro- 
ceed to the examination of a trial in the Command- 
ery, through all its several stages, from its inception 
to its close. 

The Commandery takes cognizance of the same 
general Masonic offences as the Lodge and Chapter. 
It enforces the common Criminal Code of Masonry, 
and holds concurrent jurisdiction with the Lodge and 



182 MASONIC TRIALS. 

Chapter over all violations of any of the obliga 
tions of the symbolic degrees. As to violations of its 
own peculiar obligations, and of all by-laws and reg- 
ulations pertaining to its own particular government 
and organization, it has exclusive jurisdiction. 

A Commandery has no judicial powers unless it be 
regularly chartered, its officers duly installed, and in 
all respects a regular working Commandery. Com- 
manderies under dispensation have no judicial 
powers. 

A subordinate Commandery cannot receive nor try 
charges against its Eminent Commander. The Grand 
Commandery, or the E. E. Grand Commander, alone 
have disciplinary power over him. 

For a trial in the Commandery, the tribunal must 
consist solely of Knights Templar. If a Knight of 
the Ked Cross is to be tried, the trial must be had 
upon the Order of the Eed Cross until the ballot is 
reached, which must in every case be upon the Order 
of Knight Templar. 

The Eminent Commander presides, if present ; if he 
is absent, the Generalissimo ; if both of these be ab- 
sent, the Captain General takes the chair. In the 
event of the absence of all three principal officers of 
the Commandery, the Past Commanders, according to 
rank and seniority of service, are empowered to pre- 
side. (Const, of Grand Enc, Art. 3, sec. 4.) 

The distinction as to territorial and personal juris- 



TRIAL IN THE COMMANDERY. 183 

diction prevails in the Commandery as in the Lodge ; 
and is of the same nature, extent, and general applica- 
tion. 

The territorial limit of the jurisdiction of subor- 
dinate Commanderies is the geographical centre be- 
tween contiguous Commanderies : that of Grand Com- 
manderies, the several State boundaries. Where 
there is more than one Commandery in the same city, 
the territorial jurisdiction is concurrent, as is also the 
personal jurisdiction, except as to violations of by-laws 
and particular regulations, in which cases each Com- 
mandery has exclusive jurisdiction. 

Neither the Grand Commandery, nor the subor- 
dinate Commandery of which he is a member, can try 
the Grand Commander. He is responsible only to 
1 he Grand Encampment of the United States. 

All Templars, whether affiliated or not, are subject 
to discipline by the Commandery within whose juris- 
diction they reside, or to which they belong. Knights 
of the Ked Cross may be tried and punished for 
Masonic offences, in like manner as Knights Templar. 

The charges can only be received, or the trial begun, 
at a regular meeting ; but the trial may be afterward 
continued at special meetings called for that purpose. 
The charges must be preferred by a Knight Templar 
in good standing, and a member of the Commandery 
in which they are presented. 

As the preferring of charges (usually termed, in 



184 MASONIC TRIALS. 

Templar jurisprudence, the complaint) is the first step 
toward the Knightly trial of a Sir Knight, all the 
usual and important requisites pertaining thereto must 
be complied with. The complaint should be brief, 
yet comprehensive, and should clearly define the 
nature of the offence charged, and accurately specify 
the time, place, and circumstances of its commission. 
The following is a suitable form : 

COMPLAINT. 

To the Eminent Commander and Sir Knights of ... . 
Commandery, No , of Knights Templar. 

Sir Knight A. B., a Knight Templar (or Knight of 
the Eed Cross) and a member of ... Commandery, is 
hereby charged with immoral and unknightly conduct, 
in this — to wit : 

Specification 1. — That the said A. B., on the day 

of . . . ., A. D. 18. . ., in the public street, at , in 

the county of . . . ., was in a state of intoxication, from 
the use of strong and spirituous liquors, in violation of 
his duty as a Sir Knight, and to the scandal and dis- 
grace of the order of Knighthood. 

Specification 2. — That the said A. B., on the .... day 

of . . . ., A. D. 18. . ., at aforesaid, and at various 

other times and places, in the year 18. . ., was intoxi- 
cated with strong and spirituous liquors, although 
admonished therefor by the Eminent Commander and 
Sir Knights of this Commandery, in violation of hia 
duty as a Sir Knight, and to the great scandal and dis- 
grace of the order : wherefore it is demanded that the 



TRIAL IN THE COMMANDERY. 185 

Baid A. B. be dealt with therefor according to the laws 
and usages of Masonic Knighthood. 

Dated , A. D. 18... 

0.... D...., Accuser. 

complaint. (Another Form.) 

To the Eminent Commander and Sir Knights of .... 
Commandery, No. . . ., of Knights Templar. 

Sir Knight A. B., a Knight Templar (or Knight of 

the Eed Gross), a member of Commandery, is 

hereby charged with immoral and unknightly conduct, 
in this — to wit : 

Specification 1. — That the said A. B., on the .... day 

of . . . ., A. D. 18. . ., at , in the county of , 

State of . . . ., in the presence and hearing of Sir Knight 
E. F., and others, spoke and declared of and concerning 
Sir Knight G. H., these words in substance, viz. : that 
the said G. H. was a dishonest man; that he was a 
rogue, a cheat, a knave, and a liar ; to the great injury 
of the said G. H., and to the common scandal and dis- 
grace of our Knightly order. 

Specification 2. — That the said A. B., on the day 

of ...., 18..., at aforesaid, in the presence and 

hearing of Mr. Y. Z., and others, publicly spoke and 
declared of the said Gr. H., who was not then present, 
that he the said G. H. was a dishonest man, a knave, a 
cheat, and a liar, and that he stole money from one 
S. T. ; all of which was in violation of the duties of the 
said A. B. as a Sir Knight, and to the common disgrace 
and scandal )f our Knightly order. 

Wherefore it is hereby demanded that the said A. R, 



1S6 MASONIC TRIALS. 

be put upon trial, and dealt with, according to the lawa 
and usages of Masonic Knighthood. 

Dated , A.D. 18... 

C D , Accuser. 

Forms of complaint might be multiplied indefi- 
nitely; but the foregoing are sufficient to show the 
importance of specifying the time, place, and circum- 
stances which constitute the offence. For convenience, 
and to show the proper connection and reference be- 
tween the different papers in the course of the trial, 
the form first given above will hereafter be followed 
and referred to. 

If the complaint is founded upon a section of the 
constitution, by-laws, or regulations, the section or sec- 
tions violated should be distinctly referred to in the 
complaint. 

This complaint having been presented in open Com- 
mandery, read, and received at a regular meeting, the 
Eminent Commander thereupon appoints a Committee 
of three or more to try the same ; which action should 
be entered upon the minutes, and the members of the 
Committee, if they are not present, immediately noti- 
fied. The complaint need not be recorded, but its 
substance should be noted upon the record. 

It is then the duty of the Recorder to immediately 
serve upon the accused a copy of the complaint, to- 
gether with a notice of the appointment of the Com- 
mittee, and of their time and place of meeting, if fixed, 



TRIAL IN THE COMMANDERY. 187 

and summoning him to appear and answer before said 
Committee. 

NOTICE OF COMPLAINT, AND SUMMONS TO APPEAR AND 
ANSWER. 

To Sir Knight A. B. : 

Take notice, that the within (or foregoing) is a true 
copy of a complaint preferred against you by Sir Knight 

C. D., at a stated meeting of Commandery, 

No. . ., held on the day of , 18. . . ; that Sir 

Knights E. S., T. XL, and V. W. were thereupon ap- 
pointed a Committee to hear and try the same ; that 

said Committee will meet for that purpose on the 

day of , 18. . ., at . . . o'clock P. M v at the asylum 

of said Commandery ; at or before which time you are 
required to appear and answer said complaint. 

Dated . . . ., A. D.18. . . 
; "•: P Q , Recorder. 

•Seal of Com-: 
: mandery. : 



This notice, and the copy of the complaint, must 
always be personally served if possible, and due return 
of service made and filed. If he cannot be found, 
after diligent inquiry, the service may be at his last 
known place of residence. If he shall abscond, or 
wilfully avoid personal service, that fact should be 
reported to the Commandery for its action ; upon 
proof of which it will be competent to proceed to trial 
of the complaint without notice. If the time and 
place of meeting of the Committee shall not be fixed 
at the time of service of the complaint, the prosecutor 



188 MASONIC TRIALS. 

or Eecorder should always see that he afterward has 
due and sufficient notice of the same. 

The complaint being served, it is the first duty of 
the accused, if he has an objection to any of the Com- 
mittee, to make his challenge to the Eminent Com- 
mander, who, if he deems the objection well taken, 
may remove the member or members challenged, and 
supply the vacancy by a new appointment. It is the 
better course, however, if there be reasonable objec- 
tion, or if probable cause therefor be manifest, for the 
member or members of the Committee who are chal- 
lenged to remove all question by resignation. 

The Committee being properly constituted, it is the 
next duty of the accused to answer the complaint. 
Precisely the same rules govern the answer here as in 
a trial in the Lodge. 

ANSWER. 

To the Eminent Commander and Sir Knights of 
Commandery, JSTo. . ., of Knights Templar. 

In the matter of the complaint presented in said 
Commandery by Sir Knight 0. D. against the under- 
signed, comes the said A. B. in person (or by Y. Z., his 
counsel), and denies the said complaint, and every mat- 
ter and thing contained in the several specifications of 
the same, and demands a trial thereupon. 

Dated ,18... 

A B , Accused. 

This answer will of course be varied according to 
the particular facts of each case. Either the jurisdic- 



TKIAL IN THE COMMANDERY. 189 

tion, or the sufficiency or regularity of the complaint 
may be denied ; the answer may be, guilty as to a 
part and not guilty as to another part, or it may admit 
the facts charged and set up other facts or matters in 
justification, extenuation, or excuse. Full and suffi- 
cient forms and directions in this behalf will be 
found in the fifth chapter of the Treatise upon Trial 
in the Lodge, entitled, Of the Answer. 

Either party is entitled to counsel, who must be a 
Knight Templar in good standing. 

Assuming the answer to be a denial, the issue is 
formed, and the trial proceeds. 

The attendance of Sir Knights as witnesses is pro- 
cured by summons, if they will not attend voluntarily. 
If the witness be not a Knight, his attendance must 
be voluntary, if he attends at all ; but a Sir Knight is 
bound to obey a summons. A wilful and unnecessary 
refusal is a breach of his obligation, and subjects him 
to discipline. 

The summons may be issued by any Eminent 
Commander of a Commandery, and in the following 
form: 

SUMMONS. 

To Sir Knight I. J. : 

You are hereby summoned and required to attend as a 
witness before the Committee appointed for the trial of 
Sir Knight A. B., upon complaint preferred against him 
by Sir Knight C. D., at the asylum of Commandery, 



190 MASONIC TRIALS. 

No. . . , on the day of , 18 . . . , at o'clock 

P. M., then and there to testify what you may know 
relating to the subject-matter. 
Dated.... ,18... 

K L , E. Commander. 

This may be made to answer for several witnesses, 
by inserting their names, and adding the words " and 
each of you," after the word " you." The person 
serving the summons should note the time, place, and 
manner of service (which should be personal, if prac- 
ticable), in order that the necessary facts may be at 
command for proceedings against any refractory wit- 
ness. 

The Committee, having met for trial, should organ- 
ize by electing one of their number (usually the one 
first named) to preside, and another to act as clerk, to 
keep full minutes of their proceedings. The Eminent 
Commander has the right, ex officio^ to be present and 
to preside at the meeting of any Committee. A copy 
of the resolution under which they were appointed, 
together with their appointment, and the proofs of 
service of the complaint, or of failure of the same, 
with the reasons therefor, should be furnished the 
Committee by the Eecorder. 

The Committee should keep full minutes of their 
proceedings, which may be in a form similar to the 
following : 



TRIAL IN THE COMMANDERY. 191 



MINUTES OF COMMITTEE. 

The Committee appointed for the trial of Sir Knight 
A. B., upon complaint made against him by Sir Knight 
0. D., a copy of which is hereto annexed (marked A), 

assembled at the asylum of Commandery, No. . . , 

of Knights Templar, on the .... day of . . . ., 18 ... , at 

o'clock P. M., pursuant to the following resolution 

(copy resolution) : 

Present : R. S., T. U. 3 and V. W., Committee. K. S. 
officiated as chairman, and V. W. was chosen clerk. 
The accuser and accused appeared in person. 

The complaint was then read by Sir Knight V. W., 
clerk, together with the answer of Sir Knight A. B. 

Sir Knight A. B. requested that P. S., Esq., an attor- 
ney, but not a Sir Knight, should examine the witnesses 
in his behalf, and assist him in his defence. The Com- 
mittee decided against the request, but further decided 
that he might employ the services of any Sir Knight 
to assist him in his defence ; to which decision Sir 
Knight A. B. took an exception. He then employed 
Sir Knight 1ST. 0., who appeared and acted as his 
counsel. 

Sir Knight 0. objected to the form of the complaint, 
as being vague and uncertain, but the Committee de- 
cided it to be sufficient ; to which Sir Knight 0. took 
an exception. 

Sir Knight E. F. was then introduced as a witness 
upon the part of the accuser, and testified as a Sir 
Knight as follows : I am acquainted with Sir Knight 

A. B. 1 saw him on street, in , on the .... 

day of ... . last. I was on the opposite side of the 



192 MASONIC TRIALS. 

street; tie appeared to be much intoxicated. (Objec- 
tion was made to testimony as to appearance of accused. 
Objection was overruled, and exception taken.) He 
was there for about half an hour; he reeled as he 
walked, etc. 

On cross-examination, Sir Knight E. F. further testi- 
fied: I know that Sir Knight A. B. had been sick, etc. 

The Committee then adjourned, to meet at the same 

place, on the day of , 18 . . . , at o'clock 

P.M. 

(Date.) 

The Committee meet pursuant to adjournment. 
Present : all of the Committee, the accuser and accused, 
and Sir Knight 0. as counsel for the accused. 

Sir Knight T. U. acted as chairman. 

Mr. H. C. was then introduced as a witness on the 
part of the accuser, and being sworn by Sir Knight 
V. W., testified as follows : 

I was in on the day of last. I saw, 

etc. 

Here the accuser announced that he had no further 
proofs, and rested his case. 

Sir Knight 0., on behalf of the accused, then pro- 
duced the affidavit of Mr. J. B., sworn before , 

which he offered in evidence ; to which objection was 
made, for the reason that as the personal attendance of 
Mr. J. B. could be readily procured, he should be in- 
troduced, in order that he might be examined by both 
parties. 

The Committee sustained the objection on that 
ground, and Sir Knight 0. took an exception. 

Mr. J. B. was then introduced, and the accuser then 



TRIAL IN THE COMMANDERY. 193 

consented that his affidavit might be read. It was read 
accordingly, and is hereto annexed (marked B). 

The accuser then cross-examined Mr. J. B., who 
stated as follows : etc. 

The accused, by his counsel, then announced that he 
had no further proofs. 

The proofs being closed, after listening to the argu- 
ments of both parties, the Committee decided to meet 

on the day of instant, to determine upon their 

report. 

(Date.) 

The Committee again met, by themselves, and after 
consultation, decided upon their report, which is here- 
unto annexed, together with the complaint, answer, 
testimony, and proceedings had before them, and the 
parties notified that said report would be presented at 

the next regular meeting of Commandery, No. . . , 

to be held on the evening of , A. D. 18 . . . 

E S ,-) 

T U , ^Committee. 

V W J 

These minutes have been given in this extended 
form, because they present a convenient way of stat- 
ing certain facts and explaining certain proceedings on 
the trial. Thus the statement of formal objections, 
and the grounds of them, together with the decisions 
of the Committee (which should always be stated in 
full), are here set forth ; also, that the accuser acted as 
prosecutor ; that the employment of an attorney who 

was not a Sir Knight was not permitted, but that the 

9 



194 MASONIC TRIALS. 

accusal was permitted to have counsel ; that the first 
witness testified in his character as a Sir Knight, and 
that the second witness, not being a Knight, made his 
statement under oath; that the testimony is takeD 
down in the words of the witness, and, of course, in 
the first person, as he spoke ; that the precise point 
objected to is stated in each instance ; that the time 
and place of each adjournment are noted; that a 
sworn affidavit was not admitted when the personal 
attendance of the witness could be conveniently pro- 
cured ; and that the Committee met alone finally, and 
agreed upon their report, and then gave notice to the 
parties ; all of which will furnish useful hints to those 
engaged in such trials, without further comment ; it 
being presumed that the usual forms of such proceed- 
ings, and the ordinary rules of evidence in Masonic 
trials, are understood, and will be observed. 

It is at the option of the Committee whether they 
will admit any one to be present but the parties and 
their counsel, and the witnesses testifying ; but none 
other than Sir Knights should be admitted on any 
such occasion, except witnesses not Knights, and they 
only while testifying. 

As a form of the notice to be given by the Commit- 
tee may be desired, it is here given. It may be as 
follows : 

NOTICE OF DECISION. 

To Sir Knights A. B. and C. D. : 

You will each take notice that we have agreed upon 



TRIAL m THE COMMANDERY. 195 

our report in the matter of the complaint of Sir Knight 
C. D. against Sir Knight A. B., which was referred to us 
for trial, and that we shall present our report at the next 

stated meeting of Commandery, ~No. . . ., to be held 

at the asylum of said Oommandery, on the .... day 
of . . . ., 18. . ., at . . . . o'clock P. M. 
Dated ....,18... 

B S ,) 

T U , I Committee. 

V W ,j 

The Committee having agreed upon their report, 
should have it drawn up in form, for submission to the 
Oommandery. This report need not, in the iirst place, 
contain anything but the facts found, and the conclu- 
sions arrived at by the Committee. These conclusions, 
like those of any other Committee, should be in the 
form of resolutions, for the definite action of the Com 
mandery. Should the Commandery, upon the coming 
in of the report, desire to hear the testimony read, or 
any of the rulings stated, it will be the duty of the 
Committee to comply, and make full report of testi- 
mony, and of all their proceedings, if required. 

The report may be in the following form : 

REPORT OF COMMITTEE. 

To the Eminent Commander and Sir Knights of ... . 
Commandery, No. . . , of Knights Templar : 

The Committee appointed for the trial of Sir Knight 
A. B., upon complaint preferred against him by Sil 
Knight C. D., in said Commandery, respectfully report 



196 MASONIO TRIALS. 

That they met at the asylum of said Commandery, on 

the day of . . , ., 18. . ., at o'clock P. M., due 

notice having been given to the accuser and accused of 
the time and place of meeting, and proceeded to hear 
and try the matters referred to them. 

The accused answered, not guilty. 

Objections were made to Sir Knight T. XL, one of the 
Committee, which the committee overruled. The Com- 
mittee also refused to allow Sir Knight A. B. to employ 
an attorney who was not a Knight to act as his coun- 
sel, and thereupon Sir Knight K". 0. appeared as his 
counsel. 

Objections were made to the complaint for alleged 
informalities, which objections were overruled. 

The Committee then proceeded to take testimony (in 
the course of which they decided not to admit the affi- 
davit of a witness while his personal attendance could be 
conveniently procured), and Sir Knight E. F., Mr. H. C, 
and Mr. J. B. were examined as witnesses. 

The Committee held three meetings, the last of which 
was for the purpose of agreeing upon and preparing 
their report. 

From the testimony before them, the Committee find 
the following facts : 

1. That Sir Knight A. B. was intoxicated with strong 

and spirituous liquors, in a public place, at , on the 

day of ,18... 

2. That Sir Knight A. B. has been at least twice 
intoxicated in a public place at . . . ., on the .... day of 
, 18. . ., and on the day of . ., 18. . . 

They therefore recommend the adoption of the follow- 
ing resolutions : 



TRIAL IN THE COMMANDER Y. 197 

Resolved, That the charges of intoxication against Sh 
Knight A. B., made and presented to this Commandery 

by Sir Knight 0. D., on the day of , 18. . ., 

are sustained, and he is hereby adjudged guilty of the 
same. 

Resolved, That Sir Knight A. B. be, and he is hereby 
suspended from this Oommandery, and from all the 
rights and privileges of Masonic Knighthood, for the 
space of three months from and after this date. 

The charges and expenses of the Committee amount 

to the sum of dollars, which they adjudge that Sir 

Knight A. B. (or the Oommandery) shall pay. 

The parties have been duly notified of the presenta- 
tion of this report. 

All of which is respectfully submitted. •, 

Dated ,18... 

R S ) 

T U V Committee. 

V W J 

It will be noticed that this report differs from the 
report of Commissioners upon a trial in the Lodge in 
one very important particular. While it is not com- 
petent for Commissioners upon a trial in the Lodge to 
report their opinion upon the question of the guilt or 
innocence of the accused, nor to recommend what 
particular action the Lodge ought to take in the prem- 
ises, the Committee upon a trial in the Commandery 
does both. The Commissioners in the Lodge simply 
take proofs and report the facts ; the Committee in the 
Commandery take the proofs and report both the facts 



198 MASONIC TRIALS. 

and their opinion. The reason of this practice doubt- 
less is, that the sentence of a Lodge is of so much 
greater extent and seriousness in its effects than a sen- 
tence in the Commandery ; and by general custom is 
upon that account reserved for the sole determination 
of the whole body of the Lodge, unbiased by the 
opinion of any Committee. There are jurisdictions, 
however, where the practice in the Lodge corresponds 
to that here given for the Commandery. 

Should the accused admit the complaint, when 
served upon him, proof of such admission, or the pro- 
duction of his written answer, if he should answer in 
writing, is all that will be required of the Committee, 
and they will make up their minutes and report ac- 
cordingly, adapting the foregoing forms to the circum- 
stances. 

If the resolutions reported by the Committee be 
adopted, the Recorder of the Commandery should 
transcribe them upon his minutes, together with the 
adjudication as to charges and expenses. The resolu- 
tions, however, are subject entirely to the action of 
the Commandery, who may reverse the decision of the 
Committee ; or, if sustained, may amend the resolu- 
tion as to the penalty, by either increasing or dimin- 
ishing it. 

The three Masonic penalties — expulsion, suspension, 
and reprimand — are the only punishments recognized 
in Templar jurisprudence. 



TRIAL EN THE COMMANDERY. 199 

All questions in Commandery proceedings (except 
election to the Orders or to membership) are decided 
by a majority vote (Const, of Grand Encampment, 
U. S., Art. 3, Sec. 3). The presiding officer for the time 
being has one vote, and in case of a tie he also gives 
the casting vote. But for election to the orders of 
Knighthood, or to membership, a unanimous vote is 
required. 

The sentence of a Commandery does not affect the 
standing of the accused in the Lodge or Chapter ; but 
sentence of expulsion or suspension in the Lodge or 
Chapter expels or suspends also from the Command- 
ery ; for no Templar can hold any Masonic intercourse 
with a suspended or expelled Master Mason. 

Expulsion from the Orders deprives a Knight 
Templar of all his rights as a Templar. While under 
sentence of expulsion he is driven from the Order. 
He has no Templar standing whatever ; and although 
he may be restored to his standing as a Knight 
Templar by a majority vote, he cannot be restored to 
membership in the Commandery of which he was a 
member when expelled,* except by being regularly 
elected by a unanimous ballot. 

Sentence of suspension is the same in its effects 
upon the Knightly standing of a Sir Knight, as the 
like sentence by the Lodge upon the standing of a 
Master Mason. A majority vote restores from sus- 
pension. 



200 MASONIC TKIALS. 

If the accused be present, he has the light to make 
any statement or explanation he may desire. 

Should the resolutions be adopted (and for this pur- 
pose a majority vote is sufficient), and the accused be 
absent from the Commandery, it is the duty of the 
Recorder to furnish him immediately with a copy of 
the resolutions, with notice of the action of the Com- 
mandery. The following form of notice may be ap- 
pended to the copy 

NOTICE OF JUDGMENT. 

To Sir Knight A. B. : 

Take notice, that the foregoing is a copy of resolutions 

adopted by Commandery, No. . . . , of Knights 

Templar, at a stated meeting of the said Commandery, 

held on the .... day of , 18. . . ; and it was then 

and there awarded that the expenses of your trial upon 
the charges of which you were convicted, being the sum 
of dollars, should be paid by you (or by said Com- 
mandery). 

Dated ....,18... 

P Q , Eecorder. 

The Recorder should also notify the Recorder of the 
Grand Commandery of all cases of expulsion in his 
Commandery. 

In all cases the decision of the Commandery is final, 
unless an appeal be taken to the Grand Commandery. 



The Appeal, being next in order, will row claim 
attention. 



TRIAL IN THE COMMANDERY. 201 

An appeal lies from the decision of the subordinate 
Commandery, or the Eminent Commander, to the 
Grand Commandery. An appeal may be taken to the 
Grand Commander, during the recess of the Grand 
Commandery, upon all questions relating to matters of 
general jurisprudence, work, or business, but not in 
trials upon the question of guilt or innocence. Inci- 
dental questions, touching the regularity merely of 
any trial may be referred to him, but not the main 
issue of conviction and sentence ; for upon that the 
accused is entitled to the judgment of the entire body 
having jurisdiction of the case, in like manner as in 
the Lodge or Chapter. 

No appeal can be taken from the decision of the 
Eminent Commander to the Commandery in any case. 
Right or wrong, it is final for the time being, and can 
only be reversed by the Grand Commandery, or, in 
the recess thereof, by the Grand Commander. 

No appeal can be taken from the action of a subor- 
dinate Commandery in the election or rejection of a 
candidate ; for the subordinate body has exclusive con- 
trol of its own membership in Templar Masonry, the 
same as in the symbolic and capitular degrees. 

The party intending to appeal must give proper 

notice of the same within the time prescribed by the 

regulations of his jurisdiction. Any member of 

the Commandery, as well as the parties to the case^ 

have the right to appeal- 
9* 



202. MASONIC TRIALS. 

NOTICE OF APPEAL. 

To P. Q., Recorder of Commandery, No . . , of 

Knights Templar : 

Take notice, that I intend to appeal from the action 

of said Commandery, on the day of , 18 . . . , in 

passing sentence of suspension on me for three months, 
to the Grand Commandery of the State of , for rea- 
sons to be hereafter stated in my appeal. 

Dated ....,18... 

A B 

Upon receiving this notice, it is the duty of the Ee- 
corder to make a full return to the Grand Command- 
ery of all matters pertaining to the case, embracing a 
copy of the minutes of proceedings, evidence, report 
of Committee, etc., annexed — all duly attested and 
certified. This return, when filed with the Grand 
Recorder, is subject to examination at all times by the 
Grand Commandery or its Committee on Appeals. 

The appellant should distinctly set forth in his ap- 
peal the grounds upon which he asks a reversal of the 
decision. 

APPEAL. 

To the Grand Commandery of Knights Templar of 
the State of 

The undersigned hereby appeals to you from the de- 
cision of ... . Commandery, No. . . , made , 18 . . . , in 

adjuding him guilty of the complaint preferred against 
him in said Commandery by C. D., and in passing sen- 
tence of suspension against him for three months ; and 



TRIAL m THE COMMANDERY. 203 

Le specifies the following as the grounds of his ap- 
peal: 

1. That T. U., one of the Committee to whom said 
complaint was referred, was incompetent to act; he 
having been present at the meeting of said Command- 
ery when the complaint was preferred, and voted for its 
reception and reference (or any other reasons may be 
assigned). 

2. That the Committee and Commandery erred in de- 
ciding that P. S. should not be allowed to assist the 
undersigned as counsel for his defence. 

3. That the second specification of the complaint is 
vague, uncertain, and insufficient. 

4. That testimony as to appearances of intoxication 
was improperly received. 

5. That the Committee erred in rejecting the sworn 
affidavit of J. B. 

6. That the proofs in the case were not sufficient to 
warrant the finding of the Committee, or the judgment 
and sentence of the Commandery. 

7. That the Commandery erred in passing judgment 
of conviction and sentence of suspension by a majority 
vote. 

All of which will more fully appear by the papers, 
proceedings, and evidence in the case; to which refer- 
ence is hereby made. 

Dated...., 18... 

A B , Appellant. 

A copy of this appeal should be served upon the 
Recorder of the Commandery, and also a copy upon 
the Grand Recorder. Within a reasonable time 



204 MASONIC TEIALS. 

(usually ten days) the subordinate Commandery 
should make answer to the appeal. As the answer to 
the appeal is merely the joining of issue before the 
Grand Commandery, it may be general in its terms, 
no particular specification of its grounds being given. 

ANSWER TO APPEAL. 

To the Grand Commandery of Knights Templar, of 
the State of 

Commandery, No. . . , hereby makes answer to 

the appeal of A. B., and says : 

That said Commandery denies that there is any error 
in the proceedings of said Commandery, or of the Com- 
mittee appointed for the trial of the said A. B. ; and 
further says, that the decisions and proceedings of said 
Commandery upon the trial of the said A. B. are fully 
sustained by the law and the evidence. 

Dated ,18... 

S S , Recorder. 

If it be deemed necessary to make a specific denial 
in answering the appeal, and to take issue upon each 
of the grounds alleged in the appeal, assigning par- 
ticular reasons therefor, the foregoing form may be 
used as to the commencement, and then specification 
be made of the grounds as follows : 

Because the said Commandery says, as to the first 
ground of appeal, etc. 

And because the said Commandery says, as to the 
second ground of appeal, etc. 

Closing in the same manner as before. 



TRIAL IN THE COMMANDERY. 205 

The case being thus fairly brought up on appeal, 
the Grand Commandery usually proceeds to appoint 
a Committee to consider the same and report their 
opinion ; final action being taken by the Grand Com- 
mandery upon the coming in of such report. Or the 
case may be considered before the whole body ; and 
where the appeal and answer thereto are sufficiently 
full to exhibit all the points in the case, this is the 
usual course ; oral argument being offered, if desired, 
upon any question involved. 

If the Recorder of the subordinate Commandery 
shall have omitted to make his returns, or if the same 
be insufficient for the complete understanding of the 
case, the Grand Commander enforces a performance 
or completion of the duty of that officer by an order. 

ORDER COMMANDING RETURN TO BE MADE. 

Office of the Grand Commander of Knights Tem- 
plar, of the State of 

,18... 

To the Eminent Commander and Sir Knights of 

Commandery, No. . . , of Knights Templar : 

Sir Knight A. B. having duly appealed from the de- 
cision of your Commandery, made on the day of 

, 18 . . . , suspending him for three months, you are 

hereby required to transmit to the E. Grand Eecorder, 
by the hand of your Eecorder, under seal of your 
Commandery, a true and complete transcript of all the 
proceedings of your Commandery in the case of th^ 



206 MASONIC TRIALS. 

said Sir Knight A. B., from the presentation of the com 
plaint against him to, and including, the final action 
of your Commandery thereon, with the several dates 
thereof, together with all proofs, papers, and docu- 
ments relating thereto, not heretofore returned, within 
.... days from the receipt of this order by you. 

Given under my hand and private seal, the day and 
year first above written. 



Grand Commander, 

The Grand Commander presides at all trials, as at 
every other proceeding, in the Grand Commandery. 
"No appeal can be taken from his rulings or decisions 
while in the chair, to the Grand Commandery. 

It is believed that the foregoing forms and direc- 
tions, with the application of those general principles 
of jurisprudence which apply to judicial proceedings 
in every Masonic body, will be sufficient to enable 
any Commandery to properly conduct every case of 
Knightly discipline and trial that may come before it. 
Any attempt to so far multiply forms and specific di- 
rections as to make them applicable to every particular 
emergency would be utterly vain. This, like every 
other treatise upon practice, must be confined mainly 
to general principles ; leaving the intelligence of the 
practitioner to apply those principles to the circum- 
stances of each particular case. 



TRIAL IN THE COMMANDERY. 907 

If the accused should fail to appear and answer the 
complaint, after personal service, the Committee may 
proceed, after proof of such service, to take proofs 
and in such case the Eminent Commander should 
appoint some Sir Knight to appear as counsel for the 
accused, and see that his rights are duly protected. 
The minutes and report should in such case be full, 
and the forms given can readily be modified to suit 
the facts. 

APPEAL TO THE GRAND ENCAMPMENT. 

An appeal lies from the Grand Commandery to the 
Grand Encampment, which the following form will 
sufficiently explain. 

APPEAL FROM GRAND COMMANDERY TO THE GRAND 
ENCAMPMENT. 

To the Grand Encampment of Knights Templar of 
the United States : 

The undersigned, your petitioner, respectfully repre- 
sents, that on or about the .... day of ,18..., 

complaint for immoral and unknightly conduct (state 
the general purport of the complaint) was made against 

him by Sir Knight C. D., in Commandery, JSTo. . . . , 

under the jurisdiction of the Grand Commandery of 
Knights Templar of the State of ; and such pro- 
ceedings were thereupon had in the said Com- 
mandery, that your petitioner was adjudged by the said 
Commandery guilty of the offence so charged against 

him, and sentence of was thereupon passed against 

him. That from the judgment and sentence of said 



208 MASONIC TRIALS. 

Commandery your petitioner appealed to the said Grand 
Commandery, and thereupon such proceedings were 
had in and by said Grand Commandery, that afterward, 
on or about the day of . . . ., 18. . ., the determina- 
tion, sentence, and judgment of the said Commandery 
were in all things affirmed (state any other decision of 
the Grand Commandery) by the said Grand Command- 
ery; and now your petitioner, feeling himself aggrieved 
by the action of the said Grand Commandery in the 
premises, and belieying and being advised that the 
same are erroneous, appeals therefrom to the Grand En- 
campment of the United States, and specifies, among 
other grounds of error therein, the following: 

First. That, etc. (stating the several errors in, and 
objections to, the proceedings and determination of the 
Grand Commandery relied upon, separately, explaining 
and numbering them distinctly). 

Your petitioner therefore prays that the said Grand 
Commandery may be required to answer this petition ; 
and that the testimony, proceedings, determination, and 
judgment aforesaid, as well of the said .... Command- 
ery as of the said Grand Commandery, may, upon this 
appeal, be reviewed, and that such sentence and deter- 
mination, or judgment, may be reversed, modified, or 
amended, as shall be agreeable to Knightly usage, 
equity, and justice. 

Dated ....,18... 

A B , Appellant. 

This petition of appeal should be delivered to the 
Grand Recorder of the Grand Commandery, and a 
duplicate thereof to the Grand Recorder of the Grand 



TRIAL IN THE COMMANDERY. 209 

Encampment, which, when done, perfects the appeal. 
As soon thereafter as practicable, and before the next 
session of the Grand Encampment, the Grand Recorder 
of the Grand Commandery should transmit to the 
Grand Recorder of the Grand Encampment a tran- 
script of all the testimony, papers, and proceedings in 
the case which were before the Grand Commandery, 
together with its action and final determination therein, 
all duly authenticated under the seal of the Grand 
Commandery. 

All questions are determined, in the Grand En- 
campment, by a majority vote, the presiding officer 
being entitled to one vote. In case of a tie, he has 
also the casting vote. The Grand Encampment, being 
a legislative body, and acknowledging no superior, 
permits an appeal to be taken by any member from 
the decision of the Chair on any question under con- 
sideration therein : Provided, however, that such ap- 
peal- shall not be maintained, unless two-thirds of all 
the members present shall vote therefor. This rule, 
however, is adopted for the Grand Encampment alone, 
and is not to be construed as establishing a precedent 
for the guidance of any other Masonic body. The 
right of succession to the Chair is the same in the 
Grand Encampment as in Grand and Subordinate Com- 
raanderies. 

Before leaving the subject of trials in the Com- 
mandery, the author desires again to call the attention 



210 MASOKIC TRIALS. 

of the reader to some important points of difference 
between the central organizations of Capitular and 
Templar Masonry in the United States. 

While the General Grand Chapter of the United 
States has, as we have already seen, hut a very limited 
jurisdiction, the powers of the Grand Encampment 
are plenary and absolute over all "Knights Templar 
within the United States. Several Grand Chapters 
have never acknowledged the authority of the General 
Grand Chapter, and others have sought to withdraw 
their allegiance : the authority of the Grand Encamp- 
ment is undisputed within the boundaries of the Re- 
public. JSTo appeal lies from a Grand or Subordinate 
Chapter to the General Grand Chapter, nor can the 
.ast review the judicial action of either of the others. 
As in Symbolic Masonry the Grand Lodge is the tri- 
)unal of last resort, so is the Grand Chapter in Capit- 
rlar Masonry. But not so in Templar Masonry. Here 
.he aggrieved suitor may appeal to the Grand Com- 
mandery, and from thence to the Grand Encampment, 
whose decision is alone final and conclusive. Thus 
while the judicial systems of Symbolic and Capitular 
Masonry are distracted by the conflicting laws and 
decisions of a multitude of Grand Bodies, each having 
but a limited authority, that of Templar Masonry is 
at once harmonious and uniform. The Grand En- 
campment is the supreme executive, legislative, and 
judicial authority. It is the seat of power, the arbi- 



TRIAL EST THE COMMANDERY. 211 

ter of law, the fountain of justice. It is the head of 
the Orders of Masonic Knighthood, not in name 01 
form only; it is so de facto and de jure. 

The logical and legal results of this state of facts 
are of the utmost importance to the practitioner of 
Masonic law. 

If, in conducting a trial in the Lodge or Chapter, he 
finds the common law of Masonry is changed by the 
enactments of the Grand Lodge or Grand Chapter 
within whose jurisdiction his case is brought, he must 
follow the local regulation instead of the common law ; 
as an attorney, if he found the ancient doctrines of the 
common law varied by the statutes of his State, would 
follow the statute: Provided,, however, that such 
Grand Chapter has not by positive enactment ac- 
knowledged the jurisdiction of the General Grand 
Chapter, and placed itself in subordination thereto, 
and was not organized and established under the au- 
thority and jurisdiction of the General Grand Chap- 
ter : and Provided, further, that the Chapter in which 
the case is brought shall not have been established by 
the General Grand Chapter, as contemplated in Sec- 
tion 1 of Article 2 of the charter of the same ; for in 
all such cases the authority of the General Grand 
Chapter is paramount. Yet the powers of the General 
Grand Chapter are strictly federative. It can exercise 
no doubtful or implied powers ; but all such as are not 
expressly granted to it are reserved to the Grand and 



212 MASONIC TRIALS. 

Subordinate Chapters, or to Royal Arch. Masons indi- 
vidually. 

But if the trial be in the Commandery, and a con- 
flict be found between the regulations of the Grand 
or Subordinate Commandery and those of the Grand 
Encampment, the authority of the Grand Encamp- 
ment must prevail, for reasons before given ; and any 
provision in the constitution, by-laws, or regulations 
of a Grand or Subordinate Commandery in conflict 
with the constitution or edicts of the Grand Encamp- 
ment, would be void. The necessity, therefore, of an 
intimate acquaintance with the laws and edicts of the 
Grand Encampment is at once apparent, as also with 
the constitutions of both the General Grand Chapter 
and the Grand Encampment ; the powers and juris- 
diction of each of these bodies being thereby clearly 
defined. 

The sources of law, then, for the government of a 
trial in the Commandery, are as follows : 1, the gen- 
eral and fundamental law of Freemasonry ; 2, the 
constitution and laws of the Grand Encampment ; 
3, the regulations of the Grand and Subordinate 
Commanderies within whose jurisdiction the case is 
brought. 

If this work shall tend to aid the investigations of 
the Brethren, Companions, and Sir Knights of the 
United States in this behalf, the object of the writer 
will be accomplished. 



CONSTITUTION" 

03* THE 

GRAND ENCAMPMENT OF KNIGHTS TEMPLAR 

FOR THE 

UOTTED STATES OF AMERICA. 
1869. 

AETICLE I. 

OP THE GKAND EKCAMPME2*T. 

SECTION I. — HOW CONSTITUTED. 

The Grand Encampment of Knights Templar ot 
the United States is constituted as follows : 

1. The Grand Master. 

2. The Deputy Grand Master. 

3. The Grand Generalissimo. 

4. The Grand Captain-General. 

5. The Grand Prelate. 

6. The Grand Senior Warden. 

7. The Grand Junior Warden. 

8. The Grand Treasurer. 

9. The Grand Recorder. 

10. The Grand Stand ard-Bearer. 



214 CONSTITUTION OF THE 

11. The Grand Sword-Bearer. 

12. The Grand Warder. 

13. The Grand Captain of the Guards. 

Likewise, 

14. All Past Grand Masters. 

1/1 All Past Deputy Grand Masters. 

16. All Past Grand Generalissimos ; and, 

17. All Past Grand Captains-General of the Grand 
Encampment of the United States. 

Likewise, 

18. All Grand Commanders. 

19. All Past Grand Commanders. 

20. All Deputy Grand Commanders. 

21. All Grand Generalissimos; and, 

22. All Grand Captains-General of each State 
Grand Commandery that acknowledges the jurisdic- 
tion of the United States Grand Encampment. 

Each of the individuals above enumerated shall be 
entitled, when present, to one vote in all the proceed- 
ings of the Grand Encampment of the United States. 

Likewise, 

23. The first three officers of each Commandery 
that holds its charter immediately from the Grand 
Encampment of the United States. 

These, or as many of them as may be present at 
any meeting of the Grand Encampment of the 



GRAND ENCAMPMENT. 215 

United States, shall be entitled, collectively, to one 
vote. All officers of the late G. G. Encampment shall 
rank and have all the privileges of members of equal 
rank, provided for herein. 

!Nb person shall be eligible to any office in the 
Grand Encampment of the United States, unless he 
shall be at the time a member of some Subordinate 
Commandery, under the general or immediate juris- 
diction of the Grand Encampment of the United 
States. 

SECTION II. PROXIES. 

The first four officers named in Section 1, of this 
Article ; likewise the first four officers of all State 
Grand Commanderies ; likewise the first three officers 
of all subordinate chartered Commanderies, held 
under the immediate jurisdiction of the Grand En- 
campment of the United States, may appear and vote 
hy proxy ; said proxies being at the time of service 
members of subordinate Commanderies, and produ- 
cing properly authenticated certificates of their ap- 
pointment. 

SECTION III. TITLES. 

The title and designation of the Grand Master of 
the Grand Encampment of the United States is Most 
Eminent Grand Master of Knights Templar ; that 
of the Deputy Grand Master, Right Eminent / of 
the remaining officers of the Grand Encampment, 
Very Eminent, 



216 CONSTITUTION OF THE 
SECTION IY. MEETINGS. 

The stated meetings of trie Grand Encampment of 
the United States shall occur triennially, on the first 
Tuesday of September, at such places as may have 
been previously designated by the Standing Committee 
(see Art. IY., Sec. 4r, "Rule 4), and approved by the 
Grand Encampment of the United States. 

Special meetings may be called by the Most Emi- 
nent Grand Master at his discretion. And it shall be 
his duty, upon the requisition of the majority of the 
State Grand Commanderies, to him directed in writ- 
ing, to call special meetings of the Grand Encamp- 
ment of the United States. 

The Grand Officers shall hold their respective offices 
until their successors shall be duly elected and in- 
stalled. 

At the stated meetings of the Grand Encampment 
of the United States, there shall be reviewed and con- 
sidered all the official reports of its officers, and of the 
State Grand and Subordinate Commanderies for the 
preceding three years ; they shall proceed to elect by 
ballot the several Officers of the Grand Encampment 
of the United States, save and except the Prelate and 
Captain of the Guards, who shall be appointed by the 
Grand Master at the opening of the triennial sessions 
(see Art. I., Sec. 5) ; to adopt such rules and edicts as 
may be necessary for the good of the Order ; to ex- 



GEAND ENCAMPMENT. 217 

amine the accounts of the Grand Treasurer and Grand 
Eecorder; to supervise the state and condition of the 
finances, and adopt such measures in relation thereto 
as may be necessary to increase, secure, and preserve 
the same, and also to insure the utmost punctuality on 
the part of every accounting officer in the safe keep- 
ing and paying over of the funds and property of the 
Grand Encampment ; to grant or withhold Warrants, 
Dispensations, and Charters for all new State or Sub- 
ordinate Commanderies (see Art. II., Sec. 1, and Art. 
III., Sec. 1); for good cause to revoke pre-existing 
"Warrants, Charters, or Dispensations ; to assign the 
limits of the State Grand Commanderies, and settle 
all controversies that may arise between them; and 
finally consider and do all matters and things apper- 
taining to the good, well-being, and perpetuation of 
the principles of Templar Masonry. 

]STo business shall be transacted at the called meet- 
ings, save that which was specified in the original sum 
mons. 

At every meeting, all questions shall be determined 
by a majority of votes, the presiding officer being en- 
titled to one vote. In case the votes are equally di- 
vided, he has the casting vote. This Grand Encamp- 
ment, being a legislative body, acknowledging no 
superior, admits an appeal to be taken by any member, 
from the decision of the Chair on any question under 

consideration therein ; Provided, however, that such 

10 



218 CONSTITUTION OF THE 

appeal shall not be maintained, unless two-thirds of 
all the members present shall vote therefor. This rule 
is adopted for this Grand Encampment alone, and is 
not to be construed as establishing a precedent for 
the guidance of any other Masonic Body. 

SECTION V. DUTIES OF THE OFFICERS. 

1. The Grand Master. 

It is the prerogative and duty of the Grand Master, 
generally to exercise, as occasion may require, all the 
rights appertaining to his high office, in accordance 
with the usages of Templar Masonry. And as a part 
thereof, he shall have a watchful supervision over all 
the Commanderies, State and Subordinate, in the 
United States, and see that all the constitutional en • 
actments, rules, and edicts of the Grand Encampment 
are duly and promptly observed, and that the dress, 
work, and discipline of Templar Masonry are every- 
where uniform. 

Among his special duties and prerogatives are the 
following : 

To appoint the Prelate and Captain of the Guard, 
at the Triennial Meetings of the Grand Encampment. 
(See Art. L, Sec. 4.) 

To call Special Meetings of the Grand Encamp- 
ment of the United States. (Art. I., Sec. 4.) 

To visit and preside at any Commandery, Grand or 
Subordinate, in the United States, and give such in- 



GRAND ENCAMPMENT. 219 

stiuctions and directions as the good of the Institu- 
tion may require, always adhering to the Ancient 
Landmarks. 

To cause to be executed, and securely to preserve 
and keep, the official bonds and securities of the Grand 
Treasurer and Grand Kecorder. (See Art. IV., Sec. 3.) 

To grant Letters of Dispensation during the recess 
of the Grand Encampment, for the institution of new 
Commanderies (see Art. III., Sec. 1) ; such Dispensa- 
tions to be in force no longer than the next Triennial 
Meeting of that body, and promptly to notify the 
Grand Kecorder of the issuing of said Letters of Dis- 
pensation. 

To approve and grant Warrants, during the recess 
of the Grand Encampment, for the institution of 
State Grand Commanderies in States, Districts, or 
Territories, where the same have not been heretofore 
established. (See Art. II., Sec. 1.) 

To manage and control the Contingent Fund. (See 
Art. IT., Sec 1.) 

2. The Deputy Grand Master. 

The Deputy Grand Master, in the event of the 
death, removal, or physical incompetency of his supe- 
rior, shall act as the Grand Master. 

At all other times he shall perform such duties as 
may be assigned him by the Grand Encampment or 
the Grand Master. 



220 CONSTITUTION OF THE 



3. The Grand Generalissimo and Grand Captain-General 

In the absence of their respective superiors, the 
Grand Generalissimo and Grand Captain-General 
shall severally act as Grand Master, in order, accord- 
ing to rank. At all other times they shall perform 
such duties as may be assigned to them by the Grand 
Encampment, or such as are traditionally appropriate 
to their respective stations. 

4 The Grand Treasurer. 

The Grand Treasurer, unless otherwise directed by 
the Grand Encampment, shall invest, from time to 
time, all such moneys as may come to his hands 
belonging to the Grand Encampment, over and 
above the sum of three hundred dollars, in such a 
way as he may think most to the interest of the 
Grand Encampment, but subject to call on thirty 
days' notice. And the same shall be at his com- 
mand on the first day of September preceding 
the Triennial Meeting of the Grand Encampment. 
He shall render to the Grand Encampment, at its 
Triennial Meetings, a true and perfect account of his 
doings in this respect, together with an account of all 
moneys received, the earnings thereon accrued from 
investments, and the amounts disbursed by him dur- 
ing the vacation ; likewise a copy of the same to the 
Grand Master, by the first day of September preced 



GRAND ENCAMPMENT. 221 

ing the Triennial Meeting, to the end that the Grand 
Master may make such suggestions on account thereof 
as he may deem necessary. 

He shall pay all drafts drawn upon the Contingent 
Fund by the Grand Master. (See Art. IT., Sec. 1.) 

He shall carefully preserve and render, from time 
to time, as ordered, an inventory of all property be- 
longing to the Grand Encampment intrusted to his 
keeping. 

5. The Grand Kecorder. 

The Grand Recorder shall collect and receive all 
the revenues of the Grand Encampment, and pay 
over the amount to the Grand Treasurer, whenever it 
reaches the sum of one hundred dollars. He shall 
render annually, to the Grand Master and to the 
Grand Treasurer, copies of his accounts of all moneys 
received and expended by him, naming the sources 
from which they were received — bringing up said ac- 
counts to the first day of September ; likewise to the 
Grand Encampment triennially, a general account of 
the same. He shall forward to each new constituted 
Commandery, immediately upon receiving official 
notice that a Dispensation has been issued, a copy of 
this Constitution, together with whatever rules and 
edicts are in force. 

He shall report to the Grand Encampment, on the 
second day of each Triennial Meeting, the names of 
those Commanderies working under the immediate 



222 CONSTITUTION OF THE 

jurisdiction of the Grand Encampment, which have 
not complied with the requisition (see Art. III., Sec. 4) 
to furnish him with its full triennial, historical, and 
financial returns, for the use of the Grand Encampment. 

He shall report annually, on the first day of Sep- 
tember, to the Grand Master, the names of those 
Commanderies, working under the immediate juris- 
diction of the Grand Encampment, which have not 
complied with the requisition (see Art. III., Sec. 4) to 
furnish him with its full annual, historical, and finan- 
cial returns for the use of the Grand Master. 

He shall open and keep a " Book of Templar 
Masonry," in which shall be entered, in appropriate 
columns, the following subjects : 

A. — A Register of Commanderies, to contain : 

1. The date of issuing of every Warrant, Dispensa- 
tion, and Charter for a Grand or Subordinate Com- 
mandery, granted by authority of the Grand Encamp- 
ment since its origin. 

2. The roll of officers of the Grand Conclave of the 
Eoyal, Exalted, Eeligious, and Military Order of 
Masonic Knights Templar in England and Wales, to- 
gether with the roll of Encampments, officers, and mem- 
bership of the Provincial Grand Conclave of Canada. 

B. — A Register of Memberships to contain : 

1. The roll of officers of the Grand Encampment, 

with their terms of service, etc., etc., since the origin 

of the same. 



GKAND ENCAMPMENT. 223 

2. The roll of officers and members of each Grand 
and Subordinate Commandery, now working under 
the jurisdiction of the Grand Encampment, with all 
the current changes resulting from removals, dismis 
Bions, suspensions, expulsions, and deaths. 

C. — Historical Data, tending to lighten up the his- 
tory of Templar Masonry in the United States. 

Likewise to collect, and in orderly volumes bind, a 
copy of all the proceedings of the Grand Encamp- 
ment since its organization, together with copies of 
By-laws, Impressions of Seals, Proceedings of State 
Grand Commanderies, etc., etc., and to make a trien- 
nial report of his official acts. 

6. The Remaining Officers. 

The duties of the remaining officers of the Grand 
Encampment are such as are traditionally appropriate 
to their respective stations, or such as may be assigned 
them by the Grand Encampment. 

The Grand Master, the Deputy Grand Master, the 
Grand Generalissimo, and the Grand Captain-General, 
are severally authorized to visit and preside in any 
Commandery of Knights Templar throughout the 
jurisdiction of the Grand Encampment, and to give 
such instructions and directions as the good of the in- 
stitution may require, always adhering to the Ancient 
Landmarks. 

In the event of the absence of all the four principal 



224 CONSTITUTION (F THE 

officers of trie Grand Encampment, the Past Grand 
Officers, according to rank and seniority of service, 
shall be empowered to preside. 

The Grand Treasurer and the Grand Recorder shall 
severally give bond and security in such form and to 
such an amount— but not less than double the estima- 
ted triennial receipts by either — as shall, from time to 
time, be determined by the Grand Master, who shall 
judge and approve of the sufficiency of such bonds and 
securities, and who shall keep and preserve the same. 

Any Grand Officer, save as above excepted, coming 
into the receipt of moneys or property belonging to 
the Grand Encampment, shall forthwith remit the 
same to the Grand Eecorder. 

AETICLE II. 

OF THE STATE OKAND COMMANDERIES. 
SECTION I. — HOW CONSTITUTED. 

Whenever there shall be three or more Subordinate 
Chartered Commanderies instituted or holden under 
this Constitution in any one State, District, or Terri- 
tory in which a Grand Encampment has not hereto- 
fore been formed, a Grand Commandery may be 
formed, after obtaining the approval of the Grand 
Master or the Grand Encampment. Its jurisdiction 
shall be the territorial limits in which it is holden. 

A State Grand Commandery consists of the follow- 
ing members : 






GKAND ENCAMPMENT. 225 

1. The Grand Commander. 

2. The Deputy Grand Commander. 

3. The Grand Generalissimo. 

4. The Grand Captain-General. 

5. The Grand Prelate. 

6. The Grand Senior "Warden. 

7. The Grand Junior Warden. 

8. The Grand Treasurer. 

9. The Grand Kecorder. 

10. The Grand Standard-Bearer. 

11. The Grand Sword-Bearer. 

12. The Grand Warden ; and 

13. The Grand Captain of the Guards. 

Likewise, 

14. All Past Grand Commanders, (and Masters). 

15. All Past Deputy Grand Commanders, (and 
Deputy Grand Masters). 

16. All Past Grand Generalissimos ; and 

17. All Past Grand Captains-General of the same 
Grand Commandery, so long as they remain members 
of the Subordinate Commanderies under the same ter- 
ritorial jurisdiction. 

Likewise, 

18. The Commander. 

19. The Generalissimos ; and 

20. The Captain-General of each Subordinate Com* 
mandery working under the same Grand Command 
ery. 

10* 



226 CONSTITUTION OF THE 

Likewise, 

21. All Past Commanders of the Suboixiinate 
Commanderies working under the same Grand Com- 
manderies, so long as they remain members of Subor- 
dinate Commanderies under the same territorial juris- 
diction. 

Each of the individuals above mentioned shall be 
entitled, when present, to one vote in all the proceed- 
ings of the State Grand Commandery. 

No person shall be eligible to any office in a State 
Grand Commandery, unless he shall be at the time a 
member of some Subordinate Commandery, working 
under the same Grand Commandery. 

The Grand Commandery of Massachusetts and 
Rhode Island is recognized as holding jurisdiction 
over both those States. 

SECTION H. PROXIES. 

Any officer specified in Section 1. of this Article, 
save and except Past Commanders, may appear and 
vote by proxy, said proxy being at the time of service 
a member of the same Subordinate Commandery as 
his principal, and producing a properly authenticated 
certificate of his appointment. 

SECTION m.— TITLES. 

The title and designation of the Grand Commander 
of a State Grand Commandery, is Bight Eminent , 






GRAND ENCAMPMENT. 227 

that of the Deputy Grand Commander, Very Emir 
nent; of the remaining officers of the Grand Com- 
mandery, Eminent. 

SECTION IV. — MEETINGS. 

The stated meetings of a State Grand Command- 
ery shall occur annually, at such time and place as 
said Grand Commandery in its discretion may direct. 

Special meetings may be called by the Grand Com- 
mander at his discretion. 

The several Grand Officers shall hold their respect- 
ive offices until their successors shall be duly elected 
and installed. 

At the stated meetings of each Grand Command- 
ery, there shall be reviewed and considered all the 
official reports of its officers, and of the Subordinate 
Commanderies within its jurisdiction, for the preced- 
ing year. They shall proceed to elect by ballot the 
several officers of the Grand Commandery (see Art. 
II., Sec. 1) ; to adopt such rules and edicts subordinate 
to the Constitution of the Grand Encampment of the 
United States as may be necessary for the good of the 
Order. 

To examine the accounts of the Grand Treasurer 
and Grand Eecorder. 

To supervise the state and condition of the finances, 
and adopt such measures in relation thereto as may 
be necessary to increase, secure, and preserve the same, 
and also to insure the utmost punctuality on the part 



228 CONSTITUTION OF THE 

of every accounting officer in the safe keeping and 
paying over of the funds and property of the Grand 
Commandery. To grant or withhold Dispensations 
and Charters for all new Commanderies — for good 
cause to revoke any pre-existing Charters or Dispensa- 
tions ; to assign the limits of Subordinate Command- 
eries within its own jurisdiction, and settle all contro- 
versies that may arise between them ; and finally, con- 
sider and do all matters and things appertaining to 
the good, well-being, and perpetuation of Templar Ma- 
sonry, but always subordinate to the Grand Encamp- 
ment of the United States. 

No business shall be transacted at the called meet- 
ings, save that which was specified in the original 
summons. 

At every meeting, all questions shall be determined 
by a majority of votes, the presiding officer, for the 
time being, being entitled to one vote. In case 
the votes are equally divided, he shall also give the 
casting vote. ISTo appeal shall lie to the Grand 
Commandery from the decision of the Grand Com- 
mandei. 

section v. — -duties of the officers. 
1. The Grand Commander. 

The Grand Commander of a State Grand Com- 
mandery shall have a watchful supervision over all 
the Subordinate Commanderies under his jurisdiction, 
and see that all the constitutional enactments, rules, 



GRAND ENCAMPMENT. 229 

and edicts, of the Grand Encampment of the United 
States, and of his own Grand Commandery, are duty 
and promptly observed. 

He shall have the power and authority, during the 
recess of his Grand Commandery, to grant Letters 
of Dispensation to a competent number of peti- 
tioners, nine or more, residing within his jurisdiction, 
and possessing the constitutional qualifications, em- 
powering them to form and open a Commandery; 
such Dispensations to be in force no longer than the 
next Annual Meeting of his Grand Commandery. 
But no Letters of Dispensation for constituting a new 
Commandery shall be issued, save upon the recom- 
mendation of the Commandery in the same territorial 
jurisdiction nearest the place of the new Commandery 
prayed for. 

He may call special meetings of his Grand Com- 
mandery at his discretion. (Art. II., Sec. 4.) 

He may visit and preside at any Commandery within 
the jurisdiction of his Grand Commandery, and give 
such instructions and directions as the good of the 
institution may require, but always adhering to the 
Ancient Landmarks. 

It is his duty, either in person or by proxy, to at- 
tend all the meetings of the Grand Encampment of 
the United States. 

2. The Deputy Grand Commander. 

The Deputy Grand Commander in the event of the 



230 CONSTITUTION OF THE 

death, removal, r physical incompetency of his supe- 
rior, shall act aa Grand Commander. At all other 
times he shall perform such duties as may be assigned 
him by the Commandery or the Grand Commander. 
It is his duty, either in person or by proxy, to at- 
tend all the meetings of the Grand Encampment of 
the United States. 

3. The Grand Generalissimo and Grand Captain-General. 

In the absence of their respective superiors, the 
Grand Generalissimo and Grand Captain-General 
shall severally act as grand Commanders, in order, 
according to rank. At all other times they shall per- 
form such duties as may be assigned them by the 
Grand Commandery, or such as are traditionally ap- 
propriate to their respective stations. 

It is their duty, either in person or by proxy, to 
attend all meetings of the Grand Encampment of the 
United States. 

4. The Grand Recorder. 
The Grand Recorder shall make an annual com- 
munication to the Grand Eecorder of each of the 
other Grand Commanderies ; likewise to the Grand 
Master and the Grand Recorder of the Grand En- 
campment of the United States ; said communication 
to embrace the roll of Grand Officers, and such other 
matters as may conduce to the general good of the 
Order. He shall also regularly transmit to the Grand 
Master and Grand Recorder of the Grand Encamp- 



GRAND ENCAMPMENT. 231 

merit of the United States, copies of all the By-lawa 
and Regulations adopted by his Grand Commandery. 

The duties of the remaining officers, as well as of 
those above specified, shall be such as are traditionally 
appropriate to their respective stations, or allotted to 
them by the Grand Commandery, and corresponding 
as near as may be to those of the corresponding officers 
of the Grand Encampment of the United States. 

In the event of the absence of all the four principal 
officers of the Grand Commandery, the Fast Grand 
Officers, according to the rank and seniority of service, 
shall be empowered to preside. 

ARTICLE III. 

OP SUBORDINATE COMMANDERIES. 
SECTION I. — HOW CONSTITUTED. 

Each State Grand Commandery shall have exclu- 
sive power to constitute new Cornmanderies within its 
jurisdiction. During the recess of the Grand Com- 
mandery, the Grand Commander shall have power to 
grant Letters of Dispensation to a competent number 
of petitioners, nine or more, possessing the constitu- 
tional qualifications and residing within its territorial 
jurisdiction, empowering them to form and open a 
Commandery for a term of time not extending beyond 
the next stated meeting of the Grand Commandery. 

The Grand Encampment of the United States shall 
have exclusive power to constitute new Cornmanderies 



232 CONSTTTTTIION OF THE 

within any State, District, or Territory, wherein there 
is no State Commandery regularly formed, under the 
authority of the Grand Encampment of the United 
States. During the recess of the Grand Encampment, 
the Grand Master shall have the power to grant Let- 
ters of Dispensation to a competent number of peti- 
tioners, nine or more, possessing the constitutional 
qualification and residing within said unappropriated 
State, District, or Territory, empowering them to form 
and open a Commandery for a term of time not ex- 
tending beyond the next stated meeting of the Grand 
Encampment of the United States. 

A Subordinate Commnadery consists of the follow- 
ing members : 

1. The Commander. 

2. The Generalissimo. 

3. The Captain-General. 

4. The Prelate. 

5. The Senior Warden. 

6. The Junior Warden. 

7. The Treasurer. 

8. TheKecorder. 

9. The Standard-Bearer. 

10. The Sword-Bearer ; and 

11. The Warden. 

Likewise, 

12. As many members as may be found convenient 
for work and discipline. 



GRAND ENCAMPMENT. 233 

Each of the individuals enumerated in this section, 
shall be entitled to one vote in all the proceedings of 
the Subordinate Commandery. 

SECTION II. TITLES. 

The title and designation of the Commander of a 
subordinate Commandery, is Eminent. 

SECTION III. MEETINGS. 

The stated meetings of a Subordinate Commandery 
shall occur at least semi-annually, at such time and 
place as may be specified in the Charter or designated 
in By-laws of the Commandery. 

Special meetings may be called by the Commander 
at his discretion. 

The several officers shall hold their respective offices 
until their successors shall be duly elected and installed. 

No business shall be performed at the called meet- 
ings, save that which was specified in the original 
summons. 

At every meeting, all questions shall be determined 
by a majority of votes, the presiding officer, for the 
time being, being entitled to one vote. In case the 
votes are equally divided, he shall also give the cast* 
ing vote. No appeal shall lie to the Subordinate 
Commandery from the decision of the Commander. 

SECTION TV. DUTIES OF THE OFFICERS. 

1. The Commander and Recorder. 

The Commander has it in special charge tc see that 



234: CONSTITUTION OF THE 

the By-laws of his Commandery are duly observed, 
as well as the Constitution, Rules, and Edicts of the 
State Grand Commandery, and of the Grand En- 
campment of the United States ; that accurate records 
are kept, and just accounts rendered ; that regular re- 
turns are made to the Grand Encampment or Com- 
mandery, annually, and that the annual dues are 
promptly paid. 

It is his duty, together with the Generalissimo and 
Captain-General, either in person or by proxy, to 
attend all the meetings of his Grand Encampment or 
Commandery. 

It shall be the duty of the Recorder of every Sub- 
ordinate Commandery, working under the immediate 
jurisdiction of the Grand Encampment of the United 
States, to report annually to the Grand Recorder of 
the Grand Encampment of the United States, up to 
the first day of August, the roll of his officers and 
members, and the working roll of his Commandery ; 
and to accompany the same with the amount of dues 
to the Grand Encampment of the United States. For 
failure herein, the Commandery so offending shall be 
subject to Knightly Discipline. 

In the event of the absence of all the three princi- 
pal officers of the Commandery, the Past Commanders, 
according to rank and seniority of service, shall be em 
powered to preside. 



GRAND ENCAMPMENT. 235 

AKTICLE IY. 

MISCELLANEOUS. 
SECTION I. — FEES, DUES, FINANCIALS. 

The fee for instituting a new Commandery shall not 
be less than ninety dollars. 

For every Knight Templar created in any Com- 
mandery, holden by Dispensation or Charter whilst 
under the immediate jurisdiction of the Grand En- 
campment of the United States, there shall be paid 
two dollars into the treasury of the Grand Encamp- 
ment of the United States. 

The Grand Recorder of the Grand Encampment 
of the United States shall receive ten dollars as his 
fee for each Charter issued, and five dollars for endors- 
ing, under the seal of the Grand Encampment of the 
United States, the extension of a Dispensation. 

The State Grand Commanderies, respectively, shall 
possess authority, upon the institution of new Com- 
manderies within their respective jurisdictions, to re- 
quire from the several Commanderies within their 
respective jurisdictions, such proportions of the sums 
received by them for conferring the Orders — likewise, 
such sums in the form of annual dues from their 
respective members, as may be necessary for support- 
ing the Grand Commandery. 

Xo Subordinate Commandery shall confer the Orders 
of Knighthood for a less sum than twenty dollars. 



CONSTITUTION OF THE 

There shall be a Contingent Fund of three hundred 
dollars, placed to the credit of the Most Eminent 
Grand Master, on the books of the Grand Treasurer, 
at the close of each Triennial session, out of which 
the Grand Master shall reimburse himself for his 
necessary cash expenses in the performance of his con- 
stitutional duties, and make a Triennial report of the 
same to the Grand Encampment. 

There shall be appropriated at each Triennial ses- 
sion of the Grand Encampment of the United States, 
a sufficient sum to be used by the Grand Recorder, to 
meet the current expenses of the Secretariat, of which 
he shall render an account at the succeeding session. 

SECTION II. — GENERAL REGULATIONS. 

1. No Commandery, Grand or Subordinate, shall 
confer the Orders of Knighthood upon any one who 
is not a regular Eoyal Arch Mason, according to the 
requirements of the G. G. Chapter of the United 
States. 

2. The rule of succession in conferring the Orders 
of Knighthood shall be as follows : 1. Knight of the 
Red Cross. 2. Knight Templar. 3. Knight of Malta. 

3. Every Commandery working in a State, District, 
or Territory, where there is a Grand Commandery, 
shall have a Dispensation or Charter from said Grand 
Commandery. And no Commandery hereafter to be 



GRAND ENCAMPMENT. 237 

formed or opened in such State, District, or Territory, 
shall be deemed legal, without such Charter or Dispen- 
sation. All Masonic communication, as a Templar, 
is interdicted between any Commandery working 
under the general or special jurisdiction of this Grand 
Encampment, or any member thereof, and any Com- 
mandery or member of such, that may be formed, 
opened, or holden in such State, District, or Territory, 
without such Charter or Dispensation. 

It shall be deemed irregular for any Commandery 
to confer the orders of Knighthood, or either of them, 
upon any sojourner, whose settled place of residence 
is within any State, District, or Territory, in which 
there is a Commandery regularly at work, until the 
consent of the Commandery having territorial juris- 
diction is first obtained. In the event of the violation 
of this interdict, the Commandery so offending shall 
be subject to Knightly discipline, and be required, 
upon demand, to pay over to the Commandery thus 
defrauded, the amount of fees received for such ad- 
mission. 

The officers of every Commandery, Grand and Sub- 
ordinate, before entering upon the exercise of their 
respective offices, shall take the following obligation, 
viz. : " I (A. B.) do promise and vow that I will sup- 
port and maintain the Constitution of the Grand 
Encampment of Knights Templar of the United States 
of America." 



238 CONSTITUTION OF THE 

The Grand Master of this Grand Encampment may 
issue his proxy to any Knight Templar in regular 
standing, authorizing him to constitute a subordinate 
Commandery which has received a Charter ; and any 
Commandery thus constituted shall be deemed regu- 
larly constituted. 

SECTION III. — AMENDMENTS. 

The Grand Encampment shall be competent, upon 
the concurrence of three-fourths of its members pres- 
ent at any stated meeting hereafter, to revise, amend, 
and alter this Constitution, provided one day's pre- 
vious notice of such motion to amend be given, arjd 
a particular time be set to take vote thereon. In all 
other cases any proposed amendment shall lay over 
until the next stated meeting of the Grand Encamp- 
ment, when a concurring vote of two-thirds shall be 
necessary to adopt such alteration, amendment, or 
revision. 

SECTION IV. — RULES OF ORDER. 

Rule 1. — After the ceremony of opening the Grand 
Encampment, it shall be the duty of the Grand Re- 
corder to read the Minutes of the last Triennial ses- 
sion, unless such reading be dispensed with ; and at 
the resumption of business in each successive sitting, 
the Minutes of the preceding meeting shall also be 
read. 



GRAND ENCAMPMENT. 239 

Hule 2. — A Committee on Credentials, consisting 
of three Sir Knights, shall be appointed by the 
Grand Master, to report at the opening of the next 
sitting. 

Rule 3. — After the report of this Committee, the 
Grand Master, Deputy Grand Master, and Grand 
Generalissimo, and the Grand Captain-General, will 
successively read the reports of their doings during 
the preceding three years. These reports shall be 
referred to the Standing Committee on the Doings of 
the Grand Officers, who may recommend the appor- 
tionment of snch parts thereof, to Special or to such 
other of the Standing Committees as they may deem 
necessary. 

Rule 4. — The Standing Committees shall be : 

1. A Committee on the Doings of the Grand 
Officers. 

2. A Committee on Finance. 

3. A Committee on Dispensations and new Com- 
manderies. 

4. A Committee on Unfinished Business. 

5. A Committee on Grievances. 

6. A Committee on Masonic Jurisprudence. 

7. A Committee to designate the place of the next 
Triennial Meeting. 

The report of these Committees shall be heard in 
order, except the last one, which shall report on the 
last day of the meetings of the Grand Encampment. 



240 CONSTITUTION OF the grand encampment. 

Rule 5. — "While the several Committees are pre- 
paring their reports, the new business may be acted 
npon ; and if any subject is brought forward requiring 
a reference to any Standing or Special Committee, it 
shall be referred so forthwith. All Committees shall 
make it a point to report as soon as convenient after 
their appointment. 

Rule 6. — No Sir Knight shall be allowed to speak 
more than once on the same subject, except to explain 
the meaning of some of his remarks, unless it be by 
special permission of the Grand Encampment first 
obtained. 

Rule 7. — The Grand Encampment shall proceed to 
the election of officers, for the ensuing three years, 
immediately after the opening of the first sitting, on 
Thursday following the commencement of the Trien- 
nial Meetings. 

Rule 8. — It shall be the duty of the Grand Master, 
at each Triennial Meeting, if time permit, to cause an 
exemplification of the work appertaining to the Orders 
of Knighthood to be exhibited before the Grand En- 
campment ; and also to correct, officially, all irregular- 
ities and discrepancies that exist. 



EDICTS AND DECISIONS 



OF THE 



GEAND ENCAMPMENT OF THE UNITED 
STATES. 



1. No appeal from the decision of the Eminent 
Commander of a Commandery lies, id any case what 
ever. Eight or wrong, it is final, and reversible only 
by himself, or by the Grand Commandery or Grand 
Commander, in a proper way. 

2. An appeal lies from the Subordinate Commandery 
to the Grand Commandery, for its decision, when in 
session, or to the Grand Commander during recess. 

3. The Eminent Commander of a Subordinate Com- 
mandery cannot, after being installed, resign his 
office. 

4. A Subordinate Commandery may not try charges 
against its Eminent Commander ; neither can it dis- 
possess him, for the time being, of his official com- 
mand, nor substitute the Generalissimo in his place. 



242 CONSTITUTION OF THE 

But the Grand Commander of the State Grand Com- 
mander y has cognizance and ample jurisdiction over 
the Eminent Commander of each subordinate Com- 
mandeiy. 

5. The use of the " previous question," according to 
the parliamentary sense of the term, has no place in 
Masonry. The presiding officer, when he wishes the 
debate to cease, rises. Masonic usage terminates the 
discussion. 

6. The powers and duties of the Eminent Com- 
mander are very extensive, and among which he has 
the right to summon the members of his Commandery 
at his discretion, and when summoned, it is the duty 
of each Sir Knight to obey that summons. 

7. The excuses for not complying with a summons 
are few indeed, and are those which have a direct or 
near connection with the word impossibility. 

A verbal summons from the Eminent Commander 
is as obligatory upon the party summoned as it would 
be were it in writing. 

The seal of the Commandery is not necessary to a 
written summons. 

Every Sir Knight should promptly and strictly obey 
the summons of his superior, or render a satisfactory 
excuse. 

8. A notice in a newspaper is not a regular sum 
inons, nor can it be made a substitute for such sum- 



GRAND ENCAMPMENT. 243 

mons. " Due and timely notice" implies a personal 
notice cr summons, either verbal or written. 

9. An applicant for the orders should apply to the 
nearest Commandery, and one under dispensation oc- 
cupies, m this respect, the same position as a chartered 
Commandery. 

10. Past experience has convinced us that it is im- 
politic to confer the orders upon ministers of the gos- 
pel, in preference to others, free of charge. 

11. When a companion has been elected to receive 
the orders, and complaint has been made against him 
in his Lodge or Chapter for unmasonic conduct, the 
orders should not be conferred upon him, unless he 
should be honorably acquitted. It is competent for 
the Commandery to stay action as to advancing a can- 
didate at any stage of its proceedings. 

12. Commanderies, unlike their preceding Masonic 
Orders, may adjourn. 

13. The term "Orders" should always be used, in- 
stead of "Degrees." 

14. A non-affiliated member of an order ha* no right 
to the charity fund of the Order, or to Masonic burial 
rites. 

15. Honorary membership does not entitle the Sir 
Knight holding it to vote in a Commandery. 

16. A Sir Knight named in a dispensation as Com- 
mander, who has never been elected and installed a? 3 



244: CONSTITUTION OF THE 

Commander, is not entitled to the rank of Past Com- 
mander. 

17. After a clear ballot for a candidate, nothing ex 
cept direct and undoubted testimony of un worthiness 
can interpose to prevent the conferring of the orders. 
No mere notice, without full statement of the reasons 
for giving it, should be regarded as of any weight. If 
any Sir Knight states in open Commandery that he 
has reasons to give why a candidate who has passed 
the ordeal of the ballot should not be created a Sir 
Knight, those reasons must be received and duly 
weighed. 

18. ~No petition can be received signed by more 
than one candidate, nor can a petition be acted upon 
until it has been referred to a committee and a report 
made. 

19. Expulsion from the Order deprives a Knight 
Templar of all his rights as a Templar. While ex- 
pelled he is driven from the Order. He has no Tem- 
plar standing ; and although he may be restored to his 
standing as a Sir Knight by a majority vote, he cannot 
be restored to membership in the Commandery of 
which he was a member when expelled, except by be- 
ing regularly elected by a unanimous ballot. 

20. The loss of a leg is an insurmoimtable objection 
to the creation of a man a Knight Templar. 

21. The present Commander of a chartered Com- 
mandery should not, at the same time, hold the office 



GRAND ENCAMPMENT. 245 

of Commander m another Commandery under dispen- 
sation. 

22. It is improper to dedicate a Commandery under 
dispensation, or to install its officers. 

23. It is always in the power of the Eminent Com- 
mander to order his Commandery to appear either in 
full costume or fatigue dress, as he may think proper. 

24. Any Knight Templar in good standing is eligi- 
ble to any office that the Grand Encampment, Grand 
Commandery, or a Subordinate Commandery, may 
think proper to bestow upon him. 

25. The action of a Blue Lodge, in suspending or 
expelling a Master Mason, who is a Knight Templar, 
affects his standing in the Commandery. ~No Templar 
can hold Masonic intercourse with an expelled Master 
Mason. 

26. Any officer of a Commandery, except the Com- 
mcmder, can resign. The Commander cannot. 

27. A Grand Commander has the power to make 
such assessments upon the subordinates as may be ne- 
cessary for the support of the Grand Commandery. 

28. The only test to which a candidate should be 
subjected is, that he is a Koyal Arch Mason. It would 
be an improper innovation in the by-laws of any Com 
mandery to require that a candidate should be a Royal 
and Select Master. 

29. A Grand Commandery has the power to confer 
the orders of Knighthood, and to do so with or with- 



246 CONSTITUTION OF THE 

out fees, as it may deem most expedient. It is, how 
ever, a power that should be exercised with great cau- 
tion, and only on extraordinary occasions. 

30. Commanderies, having exclusive power to de- 
cide all questions concerning membership, must decide 
all questions concerning petitions therefore by vote ; 
and as whether or not a petition may be withdrawn, 
etc. 

31. There is no remedy where a member of a Com- 
mandery persists in casting a black ball. The ballot 
must be secret, and it must he sacred. It is a right 
that any member has, which cannot be questioned or 
interfered with, to reject whomsoever he pleases ; and 
his motion cannot be questioned. 

32. In voting for admission into the Order, every 
member present should be required to cast his ballot, 
or be excused therefrom by a vote of the Commandery. 

33. Any member of a Commandery, in good stand- 
ing, is eligible to the office of Eminent Commander, 
notwithstanding he may never have held either the 
office of Captain-General or Generalissimo. 

34. The officers of a Commandery should be elected 
on the day prescribed in the by-laws of the Command- 
ery for that purpose. It is not necessary that they 
should be elected on Good Friday. 

35. The questions having been submitted, it is 
determined, for the purpose of uniformity, that when- 
ever two or more Commanderies appear in public to- 



GRAND ENCAMPMENT. 247 

gether, the command of the whole devolves upon the 
Commander of the Senior Commandery ; and that, in 
such case, the Senior Commandery is entitled to the 
right of the line ; adding, however, that a proper ex- 
ercise of Kni ghtly courtesy would, under the circum- 
stances stated, always yield the command to the most 
experienced and most efficient Commander present, 
and the right of the line to the best drilled and best 
equipped Commandery. 

36. No man can properly be a member of our order, 
which is " founded on the Christian religion and the 
practice of the Christian virtues," who is not a firm 
believer in the religion of Jesus Christ ; no one who 
does not acknowledge Him as the Saviour of mankind, 
and believe in the atonement offered up by Him on 
Calvary, can be a worthy Knight Templar. The rules 
of the order, however, do not require any further or 
more definite profession of faith than is comprehended 
in the ritual. One who ridicules or makes light of the 
Holy Bible, or scoffs at religion, is an unworthy mem- 
ber of the order. 

37. A Knight Templar in good standing has the 
right to object to the conferring of the orders of 
Knighthood upon a companion Royal Arch Mason in 
his Commandery, after such companion has been bal- 
loted for and declared elected ; and this, whether the 
objecting Sir Knight was present at the time of ballot- 
ing or not ; and when such objection is made in open 



248 CONSTITUTION OF THE 

Commander j, verbally or by a formal communication 
thereto in writing, the Eminent Commander is not 
authorized to proceed and confer the Orders upon the 
candidate. The Sir Knight making the objection can- 
not be required to disclose his reasons therefor. 

38. Every member of a Commandery, in good 
standing, has a right to know what transpires in his 
Commandery ; but no member of a Commandery 
should disclose to any one not a member any matters 
arising during the hours of a regular assembly ; nor 
should any Sir Knight disclose anything transpiring 
in a Commandery to an absent member, which might 
be productive of discord and unkind feeling. It should 
be the constant care of all Knights Templar to pro- 
mote harmony and concord, not only in their own 
Commanderies, but among all the members of the 
Order within the circle of their acquaintance. 

39. An Eminent Commander cannot resign his 
office during the term for which he is elected, after 
being duly installed. 

40. A Sir Knight cannot be an active member and 
enjoy all the privileges and rights of two Command- 
eries at the same time, one of them being under dis- 
pensation. When a Templar signs a petition for a 
dispensation to form a new Commandery, if the dis- 
pensation be granted, his membership in his old Com- 
mandery remains in abeyance, and he is an active 
member of the new Commandery while under dispen- 






GRAND ENCAMPMENT. 249 

sation ; and if the dispensation be followed by a char 
ter to the new Commandery, he continnes a membel 
of that, and ceases to be a member of the old 
one. 

41. Whenever a Grand Commander removes from 
the jurisdiction of his Grand Commandery, he thereby 
vacates his office, the powers of which devolve upon 
the Deputy and remaining officers, according to seni- 
ority. As a permanent removal from the jurisdiction 
vacates the office of the Grand Commander, it follows, 
as a necessary consequence, that after such removal 
he cannot exercise the powers of his office. 

42. A Commandery under dispensation has the 
same exclusive jurisdiction within the territory which, 
in case a charter should be obtained, would belong to 
it, that would appertain to a chartered Commandery. 

43. In the absence of any provision in the by-laws 
of a Commandery to the contrary, the petition of a 
companion who is rejected may be presented at any 
regular meeting subsequent to that at which the rejec- 
tion occurs. 

44. The rituals of the orders of Knighthood should 
not be written. 

45. Upon application for the orders of Knighthood, 
the vote must be by ballot. The ballot is secret, and 
has the same effect as a ballot in a Lodge of Master 
Masons. 

46. Petitions for the orders of Knighthood can only 

11* 



250 KNIGHTS TEMPLAR COSTUME. 

be received and acted upon at regular conclaves of the 
Commandery. 

47. A Past Commander who is only an honorary 
member of a Commandery cannot open the same in 
the absence of the three principal officers (i. e., the 
Eminent Commander, Generalissimo, and Captain- 
General), he being at the time an active member and 
also an officer of another Commandery. The last 
clause of Section 4 of Article 3 of the Grand Consti- 
tution relates to Past Eminent Commanders who are 
members of a Commandery. Honorary membership 
does not confer the right to vote in any Commandery, 
nor any rank or standing therein, but is merely com- 
plimentary. 



TEMPLAK'S UNIFOEM. 

Full Deess. — Black frock-coat, black pantaloons, 
tfcarf, belt, sword, shoulder straps, gauntlets, and chap- 
eau, with appropriate trimmings. 

Fatigue Deess. — Same as full dress, except for 
chapeau a black cloth cap, navy form, with appropriate 
cross in front, and for gauntlets white gloves. 

Scaef. — Five inches wide in the whole, of white, 
bordered with black, one inch on either side, a strip of 
navy lace one-fourth of an inch wide at the inner edge 
of the black. On the front centre of the scarf a meta 1 
star of nine points, in allusion to the nine founders of 
the Templar Order, enclosing the Passion Cross, sur- 
rounded by the Latin motto, "In hoc Signo Vinces;" 



251 

the star to be three and three-quarters of an inch in 
diameter. The scarf to be worn from the right shoulder 
to the left hip, with the ends extending six inches below 
the point of intersection. 

Chapeatj. — The military chapeau, trimmed with black 
binding, one white and two black plumes, and appropri- 
ate cross on the left side. 

Gauntlets. — Of buff leather, the flap to extend four 
inches upward from the wrist, and to have the appropri- 
ate cross embroidered in gold, on the proper colored 
velvet, two inches in length. 

Sword. — Thirty-four to forty inches, inclusive of 
scabbard, helmet head, cross handle, and metal scabbard. 

Belt. — Red enamelled or patent leather, two inches 
wide, fastened round the body with buckle or clasp. 

Shoulder Straps. — For Grand Master and Past 
Grand Masters of the Grand Encampment — Royal 
purple silk velvet, two inches wide by four inches long 
(outside measurement), bordered with two rows of em- 
broidery, of gold, three-eighths of an inch wide; the 
Cross of Salem embroidered, of gold, in the centre, 
lengthwise. 

For all other Grand Officers of the Grand Encamp- 
ment — The same as the Grand Master, except for the 
Cross of Salem, the Patriarchal Cross, of gold, with the 
initials of the office respectively, embroidered, of silver, 
(old English characters), at the foot of the cross, 
narrowwise of the strap. 

For the Officers and Past Grand Officers of a Grand 
Commandery. — Bright red silk velvet, bordered with 
one row of embroidery, of gold, quarter of an inch 
wide ; the Templar's Cross, of gold, with the initials of 



252 templar's uniform. 

the office, respectively, to be embroidered (old Engl sh 
characters), of silver, on the lower end of the strap. 

For the Commander and Past Commanders of a Sub- 
ordinate Commandery. — Emerald green silk velvet, em- 
broidered with one row of embroidery, of gold, quarter 
of an inch wide; the Passion Cross with a halo, em- 
broidered, of silver, in the centre. 

For the Generalissimo. — Same as the Commander, 
except for the Passion Cross, the Square surmounted 
with the Paschal Lamb. 

For the Captain General. — Same as the Commander, 
except for the Passion Cross, the Level surmounted with 
the Cock. 

Cap. — Navy form ; black cloth, four inches high, nar- 
row leather strap fastened at the sides with small metal 
Templar's Cross, and with appropriate cross in front. 

Distinctions. — The Sir Knights will wear white 
metal wherever metal appears. Commanders and Past 
Commanders, Grand and Past Grand Officers, gold. 

Crosses. — Sir Knights, Commanders, and Past Com- 
manders of Subordinate Commanderies, will wear the 
Passion Cross ; Grand and Past Grand Officers of State 
Commanderies, the Templar Cross; Grand and Past 
Grand Officers of the Grand Encampment, the Patri- 
archal Cross ; the Grand Master and Past Grand Mas- 
ters of the Grand Encampment, the Cross of Salem, 
which is the Patriarchal Cross, with an additional bar in 
the centre. 

The various crosses as designated, to be worn on the 
side of the chapeau, and on the scabbard of the sword. 
Those on the chapeau, to be three inches in height ; on 
the sword, one inch. 



templar's uniform. 253 

Hangings for Jewels. — The hangings of Grand and 
Subordinate Commanderies may remain as at present. 

Grand Standard. — Is of white woollen or silk stuff, 
six feet in height and five feet in width, made tripartite 
at the bottom, fastened at the top to the cross-bar by- 
nine rings ; in the centre of the field, a blood-red Pas- 
sion Cross, over which is the motto, "In hoc Signo 
Vinces" and under, " JSTon nobis, JDomine ! non nobis, 
sed JVbmini tuo da gloriam /" The cross to be four feet 
high, and the upright and bar to be seven inches wide. 
On the top of the staff, a gilded ball, four inches in 
diameter, surmounted by Patriarchal Cross, twelve inches 
in height. The cross to be crimson, edged with gold. 

Beauseant. — Of woollen or silk stuff, same form and 
dimensions as the Grand Standard, and suspended in 
the same manner. The upper half of this banner is 
black, the lower half white. 

Prelate's Robes. — A full white linen or muslin robe, 
open behind, reaching down within six inches of the 
feet, fastened around the neck below the cravat, which 
should be white, and having flowing woollen cloak, 
lined with white, fastened around the neck, and extend- 
ing down to the bottom of the sleeves reaching to the 
middle of the hand. A white robe ; on the left front, a 
red velvet Templar Cross six inches in width. A blue 
silk stole, reaching down in front to within six inches of 
the bottom of the robe, and having on it three Templar 
Crosses of red silk. Mitre of white merino, bordered 
with gold, lined with green, having the red Templar 
Cross extending to the edges, and surmounted by a 
Passion Cross three inches high. The special badge of 
his office is a Crozier 




THE ANCIENT LANDMARKS OF FREE- 
MASONRY. 

The Ancient Landmarks of Freemasonry are those 
aniversal and immutable laws and regulations which 
? p orm the basis and distinguishing characteristics of the 
Order, and which have existed from time immemorial. 
Their essential elements are antiquity that reaches be- 
yond memory or history, and universal recognition and 
observance among regular Masons. But their most 
striking peculiarity is that they are %mrepealable ; and 
it is beyond the legitimate power of any body of Ma- 
sons to change or modify them in the slightest par- 
ticular. 

They are either unwritten or written. The unwrit- 
ten landmarks are those peculiar marks of distinction 
by which Masons are separated from the outer world. 
To this class belong most of the methods of recogni- 
tion, as also the more material portions of the entire 
body of esoteric Masonry. 

The written landmarks are distinguished by the 
same characteristics as the unwritten, except that of 



ANCIENT LANDMARKS OP FREEMASONRY. 255 

6ecresy ; they being public in their nature. They are 
twenty-five in number, and are classed by the highest 
authorities in the following order : 

LANDMARK FIRST. 

The modes of recognition are, of all the Landmarks, 
the most legitimate and unquestioned. They admit 
of no variation ; and if ever they have suffered altera- 
tion or addition, the evil of such a violation of the an- 
cient law has always made itself subsequently mani- 
fest. 

LANDMARK SECOND. 

The division of Symbolic Masonry into three de- 
grees, is a Landmark that has been better preserved 
than almost any other. 

LANDMARK THIRD. 

The legend of the Third Degree is an important 
Landmark, the integrity of which has been well pre- 
served. There is no rite of Masonry, practised in any 
country or language, in which the essential elements 
of this legend are not taught. The lectures may vary, 
and indeed are constantly changing, but the legend 
has ever remained substantially the same. And it is 
necessary that it should be so, for the legend of the 
Temple Builder constitutes the very essence and iden- 
tity of Masonry. Any rite which should exclude it, 



256 ANCIENT LANDMARKS OF FREEMASONRY. 

or materially alter it, would at once, by that exclusion 
or alteration, cease to be a Masonic rite. 

LANDMARK FOURTH. 

The government of the Fraternity, by a presiding 
officer called a Grand Master, who is elected from the 
body of the craft, is a fourth Landmark of the Order. 
Many persons ignorantly suppose that the election of 
the Grand Master is held in consequence of a law or 
regulation of the Grand Lodge. Such, however, is 
not the case. The office is indebted for its existence 
to a Landmark of the Order. Grand Masters are to 
be found in the records . of the institution long before 
Grand Lodges were established : and if the present 
system of legislative government by Grand Lodges 
were to be abolished, a Grand Master would still be 
necessary. In fact, although there has been a period 
within the records of history, and indeed of very re- 
cent date, when a Grand Lodge was unknown, there 
never has been a time when the craft did not have 
their Grand Master. 

LANDMARK FIFTH. 

The prerogative of the Grand Master to preside 
over every assembly of the craft, wheresoever and 
whensoever held, is a fifth Landmark. It is in conse- 
quen3e of this law, derived from ancient usage, and 
not from any special enactment, that the Grand Mas- 



ANCIENT LANDMARKS OF FREEMASONRY. 257 

ter assumes the chair, or as it is called in England, 
" the throne," at every communication of the Grand 
Lodge ; and that he is also entitled to preside at tho 
eommunication of every subordinate lodge, where he 
may happen to be present. 

LANDMARK SIXTH. 

The prerogative of the Grand Master to grant dis- 
pensations for conferring degrees at irregular times, is 
another and very important Landmark. The statutory 
law of Masonry requires a month, or other determinate 
period, to elapse between the presentation of a petition 
and the election of a candidate. But the Grand Mas- 
ter has the power to set aside or dispense with this 
probation, and to allow a candidate to be initiated at 
once. 

LANDMARK SEVENTH. 

The prerogative of the Grand Master to give dis- 
pensations for opening and holding lodges, is another 
Landmark. He may grant, in virtue of this, to a 
sufficient number of Masons, the privilege of meeting 
together and conferring degrees. The lodges thus es- 
tablished are called " Lodges under Dispensation." 
They are strictly creatures of the Grand Master, cre- 
ated by his authority, existing only during his will and 
p .easure, and liable at any moment to be dissolved at 
his command. They may he continued for a day, a 



258 ANCIENT LANDMARKS OF FREEMASONEY. 

month, or six months ; bnt whatever be the period of 
their existence, they are indebted for that existence 
solely to the grace of the Grand Maste 

LANDMARK EIGHTH. 

The prerogative of the Grand Master to make Ma- 
sons at sight, is a Landmark which is closely connected 
with the preceding one. There has been mnch misap- 
prehension in relation to this Landmark, which misap- 
prehension has sometimes led to a denial of its exist- 
ence in jurisdictions where the Grand Master was per- 
haps at the very time substantially exercising the pre- 
rogative, without the slightest remark or opposition. 
It is not to be supposed that the Grand Master can 
retire with a profane into a private room, and there 
without assistance, confer the degrees of Freemasonry 
upon him. ~No such prerogative exists, and yet many 
believe that this is the so much talked of right of 
" making Masons at sight." The real mode, and the 
only mode of exercising the prerogative is this : The 
Grand Master summons to his assistance not less than 
six other Masons, convenes a lodge, and without any 
previous probation, but on sight of the candidate, con- 
fers the degrees upon him, after which he dissolves the 
lodge, and dismisses the brethren. Lodges thus con- 
vened for special purposes are called " occasional 
lodges." The making of Masons at sight is only the 
sonferring of the degrees by the Grand Master, at 



ANCIENT LANDMARKS OF FREEMASONRY. 259 

once, iii an occasional lodge, constituted by his dis- 
pensing power for the purpose, and over which ha 
presides in person. 

LANDMARK NINTH. 

The necessity for Masons to congregate in lodges is 
another Landmark. It is not to be understood by this 
that any ancient Landmark has directed that perma- 
nent organization of subordinate lodges which consti- 
tutes one of the features of the Masonic system as it 
now prevails. But the Landmarks of the Order al- 
ways prescribed that Masons should from time to time 
congregate together, for the purpose of either opera- 
tive or speculative labor, and that these congregations 
should be called Lodges. 

LANDMARK TENTH. 

The government of the Craft, when so congregated 
in a lodge, by a Master and two Wardens, is also a 
Landmark. The presence of a Master and two War- 
dens is as essential to the valid organization of a lodge 
as a warrant of constitution is at the present day. 
The names, of course, vary in different languages, the 
Master, for instance, being called "Venerable" in 
French Masonry, and the Wardens " Surveillants," but 
the officers, their number, prerogatives, and duties, are 
everywhere identical. 



260 ANCIENT LANDMARKS OF FREEMASONRY. 
LANDMARK ELEVENTH. 

The necessity that every lodge, when congregated, 
should be duly tiled, is an important landmark of the 
institution, which is never neglected. The necessity 
of this law arises from the esoteric character of Ma- 
sonry. As a secret institution, its portals must of 
course be guarded from the intrusion of the profane, 
and such a law must therefore always have been in 
force from the very beginning of the Order. It is 
therefore properly classed among the most ancient 
Landmarks. 

LANDMARK TWELITH. 

The right of every Mason to be represented in all 
general meetings of the craft, and to instruct his rep- 
resentatives, is a twelfth Landmark. Formerly, these 
general meetings, which were usually held once a year, 
were called " General Assemblies, 55 and all the frater- 
nity, even to the youngest Entered Apprentice, were 
permitted to be present. Now they are called " Grand 
Lodges, 55 and only the Masters and Wardens of the 
subordinate lodges are summoned. But this is simply 
as the representatives of their members. 

LANDMARK THIRTEENTH. 

The right of every Mason to appeal from the deci- 
sion of his brethren in lodge convened, to the Grand 
Lodge or General Assembly of Masons, is a Landmark 



ANCIENT LANDMARKS OF FREEMASONRY. 261 

highly essential to the preservation of justice, and the 
prevention of oppression. A few modern Grand 
Lodges, in adopting a regulation that the decision of 
subordinate lodges, in cases of expulsion, cannot be 
wholly set aside upon an appeal, have violated this 
unquestioned Landmark, as well as the principles of 
just government. 

LANDMARK FOURTEENTH. 

The right of every Mason to visit and sit in every 
regular lodge is an unquestionable Landmark of the 
Order. This is called " the right of visitation." This 
right of visitation has always been recognized as an 
inherent right, which inures to every Mason as he 
travels through the world. And this is because lodges 
are justly considered as only divisions for convenience 
of the universal Masonic family. This right may, of 
course, be impaired or forfeited on special occasions 
by various circumstances ; but when admission is re- 
fused to a Mason in good standing, who knocks at the 
door of a lodge as a visitor, it is to be expected that 
some good and sufficient reason shall be furnished for 
this violation of what is in general a Masonic right, 
founded on the Landmarks of the Order. 

LANDMARK FIFTEENTH. 

It is a Landmark of the Order^ that no visitor, 
unknown to the brethren present, or to some one of 



262 ANCIENT LANDMAEKS OF FEEEMASONRY. 

them as a Mason, can enter a lodge without first pass- 
ing an examination according to ancient usage. Of 
course, if the visitor is known to any brother present tc 
be a Mason in good standing, and if that brother will 
vouch for his qualifications, the examination may be 
dispensed with ; as the Landmark refers only to the 
cases of strangers, who are not to be recognized unless 
after strict trial, due examination, or lawful infor- 
mation. 

LANDMARK SIXTEENTH. 

No lodge can interfere in the business of anothei 
lodge, nor give degrees to brethren who are members 
of other lodges. 

LANDMARK SEVENTEENTH. 

It is a Landmark that every Freemason is amenable 
to the laws and regulations of the Masonic jurisdiction 
in which he resides, and this although he may not 
be a member of any lodge. Non-affiliation does not 
exempt a Mason from Masonic jurisdiction. 

LANDMARK EIGHTEENTH. 

Certain qualifications of candidates for initiation 
are derived from a Landmark of the Order. These 
qualifications are that he shall be a man — shall be 
unmutilated, free-born, and of mature age. That is 
to say, a woman, a cripple, or a slave, or one born in 



ANCIENT LANDMARKS OF FREEMASONRY. 263 

slavery, is disqualified for initiation into the rites ol 

Masonry. 

LANDMARK NINETEENTH. 

A belief in the existence of God as the Grand 
Architect of the universe, is one of the most important 
Landmarks of the Order. It has been always deemed 
essential that a denial of the existence of a Supreme 
and Superintending Power, is an absolute disqualifi- 
cation for initiation. 

LANDMARK TWENTIETH. 

Subsidiary to this belief in God, as a Landmark of 
this Order, is the belief in a resurrection to a future 
life. This Landmark is not so positively impressed 
on the candidate by exact words as the preceding ; 
but the doctrine is taught by very plain implication, 
and runs through the whole symbolism of the Order. 

LANDMARK TWENTY-FIRST. 

It is a Landmark, that a " Book of the Law" shall 
constitute an indispensable part of the furniture of 
every lodge. 

LANDMARK TWENTY-SECOND. 

The equality of all Masons is another Landmark of 
the Order. This equality has no reference to any sub- 
version of those gradations of rank which have been 
instituted by the usages of society. But the doctrine 
of Masonic equality implies that, as children of one 



264: ANCIENT LANDMARKS OF FKEEMASONRY. 

great Father, we meet in the lodge upon the level . 
When the labors of the lodge are over, and the breth 
ren have retired from their peaceful retreat, to mingle 
once more with the world, each will then again resume 
that social position, and exercise the privileges of that 
rank, to which the customs of society entitle him. 

LANDMARK TWENTY-THIRD. 

The secrecy of the institution is another and a most 
important Landmark. Whatever objections may, 
therefore, be made to the institution, on account of its 
secrecy, and however much some unskilful brethren 
have been willing in times of trial, for the sake of 
expediency, to divest it of its secret character, it will 
be ever impossible to do so, even were the Landmark 
not standing before us as an insurmountable obstacle ; 
because such change of its character would be social 
suicide, and the death of the Order would follow its 
legalized exposure. Freemasonry, as a secret associa- 
tion, has lived unchanged for centuries — as an open 
society it would not last for as many years. 

LANDMARK TWENTY-FOUBTH. 

The foundation of a speculative science upon an 
operative art, and the symbolic use and explanations 
of the terms of that art, for purposes of religious or 
moral teaching, constitute another Landmark of the 
Order. 



ANCIENT LANDMARKS OF IREEMASONRY. 265 

LANDMARK TWENTY-FIFTH. 

TLe last and crowning Landmark of all is, that 
these Landmarks can never be changed. Nothing can 
be substracted from them—nothing can be adcted to 
them — not the slightest modification can be made in 
them. 




ANCIENT CONSTITUTIONS 



The Old Yoke Constitutions of 926. 



The Fifteen Articles. 

1. The Master must be steadfast, trusty, arid true ; 
provide victuals for his men, and pay their wages 
punctually. 

2. Every Master shall attend the Grand Lodge 
when duly summoned, unless he have a good and 
reasonable excuse. 

3. No Master shall take an apprentice for less than 
seven years. 

4. The son of a bondman shall not be admitted as 
an Apprentice, lest when he is introduced into the 
lodge any of the brethren should be offended. 

5. A candidate must be without blemish, and have 
the full and proper use of his limbs ; for a maimed 
man can do the craft no good. 

6. The Master shall take especial care, in the admis- 
sion of an Apprentice, that he do his lord no prejudice. 



ANCIENT CONSTITUTIONS. 267 

7. He shall harbor no thief or thiei's retainer, lest 
the craft should come to shame. 

8. If he unknowingly employ an imperfect man, he 
shall discharge him from the work when his inability 
is discovered. 

9. No Master shall undertake a work that he is not 
able to finish to his lord's profit and the credit of his 
lodge. 

10. A brother shall not supplant his fellow in the 
work, unless he be incapable of doing it himself ; for 
then he may lawfully finish it, that pleasure and profit 
may be the mutual result. 

11. A Mason shall not be obliged to work after the 
sun has set in the west. 

12. JSTor shall he decry the work of a brother or fel- 
low, but shall deal honestly and truly by him, under a 
penalty of not less than ten pounds. 

13. The Master shall instruct his Apprentice faith- 
fully, and make him a perfect workman. 

14. He shall teach him all the secrets of his trade, 

15. And shall guard him against the commission of 
perjury, and all other offences by which the craft may 
be brought to shame. 



The Fifteen Points. 

1. Every Mason shall cultivate brotherly love and 
the love of God, and frequent holy church. 



268 ANCIENT CONSTTTTTTIONS. 

2. The workman shall labor diligently on work- 
days, that he may deserve his holidays. 

3. Every Apprentice shall keep his Master's coun- 
sel, and not betray the secrets of his lodge. 

4. No man shall be false to the craft, or entertain 
prejudice against his Master or fellows. 

5. Every workman shall receive his wages weekly, 
and without scruple ; and should the Master think 
proper to dismiss him from the work, he shall have 
due notice of the same before H. xii. 

6. If any dispute arise among the brethren it shall 
be settled on a holiday, that the work be not neglected, 
and God's law fulfilled. 

7. No Mason shall debauch, or have carnal knowl- 
edge of the wife, daughter, or concubine of his Mas- 
ter or fellows. 

8. He shall be true to his Master, and a just media- 
tor in all disputes or quarrels. 

9. The Steward shall provide good cheer against the 
hour of refreshment, and each fellow shall punctually 
defray his share of the reckoning, the Steward render- 
ing a true and correct account. 

10. If a Mason live amiss, or slander his brother, so 
as to bring the craft to shame, he shall have no further 
maintenance among the brethren, but shall be sum- 
moned to the next Grand Lodge ; and if he refuse to 
appear, he shall be expelled. 

11. If a brother see his fellow hewing a stone, and 



ANCIENT CONSTITUTIONS. 26iJ 

likely to spoil it by unskilful workmanship, he shall 
teach him to amend it, with fair words and brotherly 
speeches. 

12. The General Assembly, or Grand Lodge, shall 
consist of Master and Fellows, Lords, Knights, and 
Squires, Mayor and Sheriff, to make new laws, and to 
confirm old ones, when necessary. 

13. Every brother shall swear fealty, and if he vio- 
late his oath, he shall not be succored or assisted by 
any of the fraternity. 

14. He shall make oath to keep secrets, to be stead- 
fast and true to all the ordinances of the Grand Lodge, 
to the King and Holy Church, and to all the several 
points herein specified. 

15. And if any brother break his oath, he shall be 
committed to prison, and forfeit his goods and chattels 
to the King. 

They conclude as follows : 

That a General Assembly shall be held every year, 
with the Grand Master at its head, to enforce these 
regulations, and to make new laws, when it may be 
expedient to do so, at which all the brethren are com- 
petent to be present ; and they must renew their 0. B. 
to keep these statutes and constitutions, which have 
been ordained by King Athelstan, and adopted by the 
Grand Lodge at York. And this Assembly farther 
directs that, in all ages to come, the existing Grand 



270 ANCIENT CONSTITUTIONS. 

Lodge sb.aU petition the reigning monarch to confei 
his sanction on their proceedings. 

The Constitutions of Edward III. — 1327-1377. 

1. That for the future, at the making or admission 
of a brother, the constitutions and the charges shall be 
read. 

2. That Master Masons, or Masters of the work, 
shall be examined whether they be able of cunning to 
serve their respective lords, as well the highest as the 
lowest, to the honor and worship of the aforesaid art, 
and to the profit of their lords ; for they be their lords 
that employ them for their travel. 

3. That when the Master and "Wardens meet in a 
lodge, if need be, the sheriff of the county, or tho 
mayor of the city, or alderman of the town, in which 
the congregation is held, should be made fellow and 
sociate to the Master, in help of him against rebels, 
and for upbearing the rights of the realm. 

4. That Entered Prentices at their making were 
charged not to be thieves, or thieves-maintainers ; that 
they should travel honestly for their pay, and love 
their FelloAvs as themselves, and be true to the King 
of England, and to the realm, and to the Lodge. 

5. That at such congregations it shall be enquired > 
whether any Master or Fellow has broken any of the 
articles agreed to. And if the offender, being duly 
cited to appear, prove rebel, and will not attend, then 



ANCIENT CONSTITUTIONS. 271 

the Lodge shall determine against him that he shall 
forswear (or renounce) his Masonry, and shall no 
more use this Craft ; the which, if he presume for to 
do, the Sheriff of the county shall prison him, and 
take all his goods into the king's hands, till his grace 
be granted him an issue : for this cause principally 
have these congregations been ordained, that as well 
the lowest as the highest should be well and truly 
served in this art foresaid throughout all the kingdom 
of England. 

Regulations of 1663. 

1. That no person, of what degree soever, be made 
or accepted a Freemason, unless in a regular Lodge, 
whereof one to be a Master or Warden in that limit 
or division where such lodge is kept, and another to 
be a craftsman in the trade of Freemasonry. 

2. That no person shall hereafter be accepted a 
Freemason but such as are of able body, honest par- 
entage, good reputation, and an observer of the laws 
of the land. 

3. That no person hereafter who shall be accepted 
a Freemason shall be admitted into any lodge or 
assembly, until he has brought a certificate of the time 
and place of his acceptation from the lodge that ac- 
cepted him, unto the Master of that limit or division 
where such lodge is kept ; and the said Master shall 
enroll the same in a roll of parchment, to be kept for 



272 ANCIENT CONSTITUTIONS. 

that purpose, and shall give an account of all such 
acceptations at every General Assembly. 

4. That every person who is now a Freemason shall 
bring to the Master a note of the time of his accep- 
tation, to the end the same may be enrolled in such 
priority of place as the brother deserves ; and that the 
whole company and Fellows may the better know 
each other. 

5. That for the future the said fraternity of Free- 
masons shall be regulated and governed by one Grand 
Master, and as many Wardens as the said society 
shall think fit to appoint at every annual General 
Assembly. 

6. That no person shall be accepted, unless he be 
twenty-one years old or more. 

The Ancient Installation Charges of James II. 
1685-'88. 

1. That ye shall be true men to God and the Holy 
Church, and to use no error or heresy by your under- 
standing, and by wise men's teaching. 

2. That ye shall be true liegemen to the King of 
England, without treason or any falsehood, and that 
ye know no treason but ye shall give knowledge 
thereof to the king, or to his counsel ; also, ye shall be 
true one to another, that is to say, every Mason of the 
craft that is Mason allowed, ye shall do to him as ye 
would be done unto yourself. 



ANCIENT CONSTITUTIONS. 273 

3. And ye shall keep truly all the counsel that 
ought to be kept n the way of Masonhood, and all 
the counsel of the Lodge or of the chamber. Also, 
that ye shall be no thief, nor thieves to your knowl- 
edge free ; that ye shall be true to the king, lord, or 
master that ye serve, and truly see and work for his 
advantage. 

4. Ye shall call all Masons your Fellows, or your 
brethren, and no other names. 

5. Ye shall not take your Fellow's wife in villainy, 
nor deflower his daughter or servant, nor put him to 
disworship. 

6. Ye shall truly pay for meat or drink, whereso- 
ever ye go to table or board. Also, ye shall do no 
villainy there, whereby the craft or science may be 
slandered. 

The Ancient Charges at Makings. 

1. That a Mason take on him no lord's work, nor 
any other man's, unless he know himself well able to 
perform the work, so that the craft have no slander. 

2. Also, that no Master take work but that he take 
reasonable pay for it ; so that the lord may be truly 
served, and the Master to live honestly, and to pay his 
Fellows truly. And that no Master or Fellow sup- 
plant others of their work ; that is to say, that if he 
hath taken a work, or else stand Master of any work, 

that he shall not put him out, unless he be unable of 

12* 



274 ANCIENT CONSTITUTIONS. 

cunning to make an end of his work. And no Maste? 
nor Fellow shall take an Apprentice for less than seven 
years. And that the Apprentice be free bcrn, and of 
limbs whole as a man ought to be, and no bastard. 
And that no Master nor Fellow take no allowance to 
be made Mason without the assent of his Fellows, at 
the least six or seven. 

3. That he that be made be able in all degrees; 
that is, free born, of a good kindred, true, and no 
bondsman, and that he have his right limbs as a man 
ought to have. 

4. That a Master take no Apprentice without he 
have occupation to occupy two or three Fellows at 
least. 

5. That no Master or Fellow put away any lord's 
work to task that ought to be journeywork. 

6. That every Master give pay to his Fellows and 
servants as they may deserve, so that he be not de- 
famed with false working. And that none shall 
slander another behind his back to make him lose his 
good name. 

7. That no Fellow in the house or abroad answer 
another ungodly or reproveably without a cause. 

8. That every Master Mason do reverence to his 
elder ; and that a Mason be no common player at the 
cards, dice, or hazard; or at any unlawful plays, 
through the which the science and craft may be dis- 
honored aiu] slandered. 



ANCIENT CONSTITUTIONS. 275 

9. That no Fellow go into the town by night, 
except he have a Fellow with him, who may bear him 
record that he was in an honest place. 

10. That every Master and Fellow shall come to 
the assembly, if it be within fifty miles of him, if he 
have any warning. And if he have trespassed against 
the craft, to abide the reward of Masters and Fellows. 

11. That every Master Mason and Fellow that hath 
trespassed against the craft shall stand to the cor- 
rection of other Masters and Fellows to make him 
accord ; and if they cannot accord, to go to the com- 
mon law. 

12. That a Master or Fellow make not a monld 
stone, square nor rule, to no lowen, nor let no lowen 
work within their lodge nor without, to mould stone. 

13. That every Mason receive and cherish strange 
Fellows, when they come over the country, and set 
them on work, if they will work, as the manner is ; 
that is to say, if the Mason have any mould stone in 
his place, he shall give him a mould stone, and set 
him on work ; and if he have none, the Mason shall 
refresh him with money until the next lodge. 

14. That every Mason shall truly serve his Master 
for his pay. 

15. That every Master shall truly make an end of 
his work, task, or journey, whither so it be. 




THE CHARGES OF A FREEMASON. 

Extracted from the Ancient Records of Lodges beyond 
Sea, and of those in England, Scotland, and Ireland^ 
for the use of the Lodges in London. To be read at 
the making of New Brethren, or when the Master shall 
order it. 

THE GENEKAL HEADS, viz: 

L— Of God and Religion; II.— Of the Civil Magistkate, 
Supreme and Subordinate; HI.— Of Lodges; IV.— Of 
Masters, Wardens, Fellows, and Apprentices ; V.— Of 
the Management of the Craft in working; VI.— Of Be- 
havior, viz : 1. In the Lodge while Constituted. 2. After 
the Lodge is over, and the Brethren not gone. 3. When 
Brethren meet without Strangers, but not in a Lodge. 
4. In presence of Strangers not Masons. 5. At Home 
and in the Neighborhood. 6. Toward a strange 
Brother. 

I. CONCERNING GOD AND RELIGION. 

AMason is obliged by his tenure, to obey the moral law; 
and if he rightly understands the Art, he will never be a 



ANCIENT CHARGES. 277 

stupid Atheist, nor an irreligious Libertine. But though in 
ancient times Masons were charged in every country to be 
of the Religion of that country or nation, whatever it was, 
it is now thought more expedient only to oblige them to that 
Religion in which all men agree, leaving their particular opin- 
ions to themselves; that is, to be good men and true, or men 
of honor and honesty, by whatever denominations or persua- 
sions they may be distinguished ; whereby Masonry becomes 
the Center of Union, and the means of conciliating true 
Friendship among persons that must have remaiued at a 
perpetual distance. 

H.-0F THE CIVIL MAGISTRATE, SUPREME AND SUBORDINATE. 

A Mason is a peaceable subject to the civil powers wher- 
ever he resides or works, and is never to be concerned in 
plots and conspiracies against the peace and welfare of the 
nation, nor to behave himself undutifully to inferior magis 
trates; for as Masonry hath been always injured by war 
bloodshed, and confusion, so ancient kings and princes have 
been much disposed to encourage the Craftsmen, because of 
their peaceableness and loyalty, whereby they practically 
answered the cavils of their adversaries, and promoted the 
honor of the Fraternity, who ever flourished in times of pea«ce. 
So that if a Brother should be a rebel against the State, he 
is not to be countenanced in his rebellion, however he may be 
pitied as an unhappy man; and, if convicted of no other 
crime, though the loyal brotherhood must and ought to disown 
his rebellion, and give no umbrage or ground of political jeal- 
ousy to the government for the time being, they cannot expel 
him from the lodge, and his relation to it remains indefeasible 



278 MASONIC TRIALS. 

EL -OF LODGES. 

A Lodge is a place where Masons assemble and work. 
Hence that Assembly, or duly organized Society of Masons, 
fs called a Lodge, and every Brother ought to belong to one, 
and to be subject to its by-laws and the General Regulations. 
It is either particular or general, and will be best understood 
by attending it, and by the Regulations of the General or 
Grand Lodge hereunto annexed. In ancient times, no Mas- 
ter or Fellow could be absent from it, especially.when warned 
to appear at it, without incurring a severe censure, until it 
appeared to the Master and Wardens that pure necessity 
hindered him. 

The persons admitted members of a lodge must be good 
and true men, free-born, and of mature and discreet age; no 
bondmen, no women, no immoral or scandalous men, but of 
good report. 

IY.H3F MASTERS, WARDENS, FELLOWS AND APPRENTICES. 

All preferment among Masons is grounded upon real worth 
and personal merit only; that so the lords may be well served, 
the brethren not put to shame, nor the Royal Craft despised: 
Therefore no Master or Warden is chosen by seniority, but 
for his merit. It is impossible to describe these things in 
writing, and every Brother must attend in his place, and learn 
them in a way peculiar to this Fraternity: Only candidates 
may know that no Master should take an Apprentice, unless 
he has sufficient employment for him. and unless he be a per- 
fect youth, having no maim or defect in his body, that may 
render him incapable of learning the art of serving his mas- 
ter's Lord, and of being made a Brother, and then a Fellow 



ANCIENT CHARGES. 



279 



Craft in due time, even after he has served such a term of 
years as the custom of the country directs ; and that he should 
be descended of honest parents; that so, when otherwise qual- 
ified, he may arrive to the honor of being the Warden, and 
then the Master of the Lodge, the Grand Warden, and at 
length the Grand Master of all the Lodges, according to 
his merit. 

No Brother can be a Warden until he has passed the part 
of a Fellow Craft; nor a Master until he has acted as a 
Warden, nor Grand Warden until he has been Master of a 
Lodge, nor Grand Master, unless he has been a Fellow Craft 
before his election, who is also to be nobly born, or a gentle- 
man of the best fashion, or some eminent scholar, or some 
curious architect or other artist, descended of honest parents, 
and who is of singular great merit in the opinion of the 
lodges. And for the better, and easier, and more honorable 
discharge of his office, the Grand Master has a power to 
choose his own Deputy Grand Master, who must be then, or 
must have been formerly, the Master of a particular lodge, 
and has the privilege of acting whatever the Grand Master, 
his Principal, should act, unless the said Principal be present, 
or interpose his authority by a letter. 

These rulers and governors — supreme and subordinate — 
of the ancient Lodge, are to be obeyed in their respective 
stations by all the Brethren, according to the old Charges and 
Regulations, with all humility, reverence, love and alacrity. 

V.-OF THE MANAGEMENT OF THE CRAFT IN WORKING. 
All Masons shall work honestly on working-days, that they 
may live creditably on holy-days; and the time appointed 



280 MASONIC TRIALS. 

by the law of the land, or confirmed by custom, shall be 
observed. 

The most expert of the Fellow Craftsmen shall be chosen 
or appointed the Master or Overseer of the Lord's work; 
who is to be called Master by those that work under him. 
The Craftsmen are to avoid all ill language, and to call each 
other by no disobliging name, but Brother or Fellow, and to 
behave themselves courteously within and without the lodge. 

The Master knowing himself to be able of cunning, shall 
undertake the Lord's work as reasonably as possible, and 
truly dispend his goods as if they were his own ; nor to 
give more wages to any Brother or Apprentice than he 
really may deserve. 

Both the Master and the Masons receiving their wages 
justly, shall be faithful to the Lord, and honestly finish their 
work, whether task or journey; nor put the work to task 
that hath been accustomed to journey. 

None shall discover envy at the prosperity of a Brother, 
nor supplant him, or put him out of his work, if he be capable 
to finish the same ; for no man can finish another's work so 
much to the Lord's profit, unless he be thoroughly acquainted 
with the designs and drafts of him that began it. 

When a Fellow-Craftsman is chosen Warden of the work 
under the Master, he shall be true both to Master and Fel- 
lows, shall carefully oversee the work in the Master's absence 
to the Lord's profit ; and his Brethren shall obey him. 

All Masons employed shall meekly receive their wages, 
without murmuring or mutiny, and not desert the Master til] 
the work is finished. 



ANCIENT CHARGES. 281 

A younger Brother shall be instructed in working, tc 
prevent spoiling the materials for want of judgment, and for 
increasing and continuing of Brotherly Love. 

All the tools used in working shall be approved by the 
Grand Lodge, 

No laborer shall be employed in the proper work of Mason- 
ry; nor shall Free Masons work with those that are not free, 
without an urgent necessity; nor shall they teach laborers and 
unaccepted Masons as they should teach a Brother or Fellow. 

YI.-0F BEHAVIOR. 
1. — In the Lodge while constituted. 

You are not to hold private committees or separate con- 
versation, without leave from the Master, nor to talk of any 
tking impertinent or unseemly, nor interrupt the Master or 
Wardens, or any Brother speaking to the Master: Nor 
behave yourself ludicrously or jestingly while the Lodge is 
engaged in what is serious and solemn; nor use any unbe- 
coming language upon any pretence whatsoever; but to pay 
due reverence to your Master, Wardens and Fellows, and 
put them to worship. 

If any complaint be brought, the Brother found guilty 
shall stand to the award and determination of the Lodge, 
who are the proper and competent judges of all such contro- 
versies, (unless you carry it by appeal to the Grand Lodge,) 
and to whom they ought to be referred, unless a Lord's work 
be hindered the mean while, in which case a particular refer- 
ence may be made; but you must never go to law about 
what concerneth Masonry, without an absolute necessity, 
apparent to the Lodge. 



282 MASONIC TRIALS. 

2. — Behavior after the Lodge is over, and the Brethren not gone. 

You may enjoy yourselves with innocent mirth, treating 
one another according to ability, but avoiding all excess, or 
forcing any Brother to eat or drink beyond his inclination, 
or hindering him from going when his occasions call him, or 
doing or saying any thing offensive, or that may forbid an 
easy and free conversation; for that would blast our har- 
mony, and defeat our laudable purposes. Therefore no private 
piques or quarrels must be brought within the door of the 
Lodge, far less any quarrels about religion, or nations, or 
State policy, we being only, as Masons, of the Catholic reli- 
gion above mentioned; we are also of all nations, tongues, 
kindreds and languages, and are resolved against all politics^ 
as what never yet conduced to the welfare of the Lodge, nor 
ever will. This Charge has been always strictly enjoined and 
observed; but especially ever since the Reformation in Bri- 
tain, or the dissent and secession of these nations from the 
communion of Rome. 

3. — Behavior when Brethren meet vnthout Strangers, but not in a 
Lodge formed. 

You are to salute one another in a courteous manner, as 
you will be instructed, calling each other Brother, freely 
giving mutual instruction as shall be thought expedient, 
without beino; overseen or overheard, and without encroach- 
ing upon each other, or derogating from that respect which 
is due to any Brother, were he not a Mason: for though all 
Masons are as Brethren upon the same Level, yet Masonry 
takes no honor from a man that he had before; nay, rather 
it adds to his honor, especially if he has deserved well of the 



ANCIENT CHAKGES. 283 

Brotterhood, who mist give honor to whom it is due, and 
avoid ill manners. 

4. — Behavior in Presence of Strangers not Masons. 
You shall be cautious in your words and carriage, that th« 
most penetrating stranger shall not be able to discover or 
find out what is not proper to be intimated; and sometimes 
you shall divert a discourse, and manage it prudently for the 
honor of the Worshipful Fraternity. 

5. — Behavior at Home and in your Neighborhood. 
You are to act as becomes a moral and wise man, partic- 
ularly not to let your family, friends and neighbors know tho 
concerns of the Lodge, etc., but wisely to consult your own 
honor, and that of the Ancient Brotherhood, for reasons not 
to be mentioned here. You must also consult your health, 
by not continuing together too late, or too long from home, 
after lodge hours are past; and by avoiding of gluttony or 
drunkenness, that your families be not neglected or injured, 
nor you disabled from working. 

6. — Behavior towards a Strange Brother. 

You are cautiously to examine him, in such a method as 
prudence shall direct you, that you may not be imposed upon 
by an ignorant false pretender, whom you are to reject with 
contempt and derision, and beware of giving him any hints 
of knowledge. 

But if you discover him to be a true and genuine Brother, 
you are to respect him accordingly ; and if he is in want, you 
must relieve him, if you can, or else direct him how he may 
be relieved: You must employ him some days, or else recon* 



284 MASONIC TRIALS. 

mend him to be employed. But you are not charged to do 
beyond your ability, only to prefer a poor Brother, that is a 
good man and true, before any other poor people in the same 
circumstances 



Finally, All these Charges you are to observe, and also 
those that shall be communicated to you in another way; 
cultivating Brotherly Love, the foundation and cape-stone, 
the cement and glory of this ancient Fraternity ; avoiding all 
wrangling and quarreling, all slander and backbiting, nor 
permitting others to slander any honest Brother, but defend- 
ing his character, and doing him all good offices, as far as is 
consistent with your honor and safety, and no farther. And 
if any of them do you injury, you must apply to your own or 
his Lodge, and from thence you may appeal to the Grand 
Lodge at the quarterly communication, and from thence to 
the Annual Grand Lodge, as has been the ancient laudable 
conduct of our forefathers in every nation; never ' taking a 
legal course, but when the case cannot be otherwise decided, 
and patiently listening to the honest and friendly advice of 
Master and Fellows, when they would prevent your going to 
law with strangers, or would excite you to put a speedy 
period to all lawsuits, that so you may mind the affair of 
Masonry with the more alacrity and success; but with respect 
to Brothers or Fellows at law, the Master and Brethren 
should kindly offer their mediation, which ought to be thank- 
fully submitted to by the contending Brethren ; and if that 
submission is imprasticable, they must, however, carry on 
their process, or lawsuit, without wrath and rancor, (not ic 



GENERAL REGULATIONS. 285 

the common way,) saying or doing nothing which may hinder 
Brotherly Love, and good offices to be renewed and contin- 
ued; that all may see the benign influence of Masonry, as all 
true Masons have done from the beginning of the worldj and 
will do to the end of time. Amen. So mote it be. 



GENERAL REGULATIONS, 

Compiled first by Mr. Geokge Payne, Anno 1720, when he was 
Grand Master, and approved by the Grand Lodge on St. John 
Baptist's Day, Anno 1721, at Stationer's Hall, London; when 
the most noble Prince John, Duke of Montagu, was nnanimously 
chosen our Grand Master for the year ensuing; who chose John 
Beal, M. D., his Deputy Grand Master; and Mr. Josiah Ville- 
neah and Mr. Thomas Moekis, Jun., were chosen by the Lodge 
Grand Wardens. And now, by the command of our said Eight 
Worshipful Grand Master Montagu, the Author of this book has 
compared them with, and reduced them to the ancient Becords 
and immemorial Usages of the Fraternity, and digested them 
into this new method, with several proper Explications, for the 
use of the Lodges in and about London and Westminster. 

I. The Grand Master or his Deputy hath authority and 
right not only to be present in any true Lodge, but also to 
preside wherever he is, with the Master of the Lodge on his 
left hand, and to order his Grand Wardens to attend him, 
who are not to act in particular Lodges as Wardens, but in 
his presence, and at his command; because there the Grand 
Master may command the Wardens of that Lodge, or any 



MASONIC TEIALS. 

other Brethren he pleaseth, to attend and act as his Ward- 
ens pro tempore. 

II. The Master of a particular Lodge has the right and 
authority of congregating the members of his Lodge into a 
Chapter at pleasure, upon any emergency or occurrence, as 
well as to appoint the time and place of their usual forming; 
and in case of sickness, death, or necessary absence of the 
Master, the Senior Warden shall act as Master pro tempore, 
if no Brother is present who has been Master of that Lodge 
before ; for in that case the absent Master's authority reverts 
to the last Master then present ; though he cannot act until 
the said Senior Warden has once congregated the Lodge, or, 
in his absence, the Junior Warden. 

III. The Master of each particular Lodge, or one of the 
Wardens, or some other Brother by his order, shall keep a 
book containing their By-laws, the names of their members, 
with a list of all the Lodges in town, and the usual times and 
places of their forming, and all their transactions that are 
proper to be written. 

IY. No Lodge shall make more than five new Brethren 
at one time, nor any man under the age of twenty- five, who 
must be also his own master, unless by a Dispensation from 
the Grand Master or his Deputy. 

Y. No man can be made or admitted a member of a par- 
ticular Lodge, without previous notice one month before 
given to the said Lodge, in order to make due inquiry into 
the reputation and capacity of the candidate ; unless by the 
Dispensation aforesaid. 

YL But no man can be entered a Brother in any particu- 



GENERAL REGULATIONS. 287 

lar Lodge, or admitted to be a member thereof, without the 
unanimous consent of all the members of that Lodge then 
present when the candidate is proposed, and their consent ia 
formally asked by the Master ; and they are to signify their 
consent or dissent in their own prudent way, either virtually 
or in form, but with unanimity: Nor is this inherent privi- 
lege subject to a Dispensation; because the members of a 
particular Lodge are the best judges of it; and if a fractious 
member should be imposed on them, it might spoil their har- 
mony or hinder their freedom; or even break or disperse 
the Lodge, which ought to be avoided by all good and true 
Brethren. 

VII. Every new Brother at his making is decently to clothe 
the Lodge — that is, all the Brethren present — and to deposit 
something for the relief of indigent and decayed Brethren, as 
the candidate shall think fit to bestow, over and above the 
small allowance stated by the By-laws of that particular 
Lodge; which charity shall be lodged with the Master or 
Wardens, or the cashier, if the members think fit to choose one. 
And the candidate shall also solemnly promise to submit to 
the Constitutions, the Charges and Regulations, and to such 
other good Usages as shall be intimated to them in time and 
place convenient. 

VIII. No set or number of Brethren shall withdraw or 
separate themselves from the Lodge in which they were 
made Brethren, or were afterwards admit! ed members, unless 
the Lodge becomes too numerous ; nor even then without a 
Dispensation from the Grand Master or his Deputy; and 
when they are thus separatee:, (hey must either immediately 



288 MASONIC TRIALS. 

join themselves to such other Lodge as they shall like best, 
with the unanimous consent of that other Lodge to which they 
go, (as above regulated,) or else they must obtain the Grand 
Master's Warrant to join in forming a new lodge. 

If any set or number of Masons shall take upon themselves 
to form a Lodge without the Grand Master's Warrant, the 
regular lodges are not to countenance them, nor own them 
as fair Brethren and duly formed, nor approve of their acts 
and deeds; but must treat them as rebels, until they humble 
themselves, as the Grand Master shall in his prudence direct, 
and until he approve of them by his Warrant, which must be 
signified to the other lodges, as the custom is when a new 
lodge is to be registered in the List of Lodges. 

IX. But if any Brother so far misbehave himself as to ren- 
der his Lodge uneasy, he shall be twice duly admonished by 
the Master or Wardens in a formed lodge; and if he will not 
refrain his imprudence, and obediently submit to the advice 
of the Brethren, and reform what gives them offence, he shall 
be dealt with according to the By-laws of that particular 
Lodge, or else in such a manner as the Quarterly Communi- 
cation shall in their great prudence think fit; for which a new 
Regulation may be afterwards made. 

X. The majority of every particular lodge, when congre- 
gated, shall have the privilege of giving instructions to their 
Master and Wardens, before the assembling of the Grand 
Chapter or Lodge, at the three Quarterly Communications 
hereafter mentioned, and of the Annual Grand Lodge too; 
because their Masters and Wardens are their representatives, 
and are supposed to speak their mind, 



GENERAL REGULATIONS. 289 

XI. All particular lodges are to observe the same Usages 
as much as possible; in order to which, and for cultivating a 
good understanding among Freemasons, some members out 
of every lodge shall be deputed to visit the other lodges as 
often as shall be thought convenient. 

XII. The Grand Lodge consists of, and is formed by the 
Masters and Wardens of all the regular particular lodges 
upon record, with the Grand Master at their head, and his 
Deputy on his left hand, and the Grand Wardens in their 
proper places, and must have a Quarterly Communication 
about Michaelmas, Christmas, and Lady-day, in some con- 
venient place, as the Grand Master shall appoint, where no 
Brother shall be present who is not at that time a member 
thereof, without a Dispensation; and while he stays, he shall 
not be allowed to vote, nor even give his opinion, without 
leave of the Grand Lodge, asked and given, or unless it be 
duly asked by the said lodge. 

All matters are to be determined in the Grand Lodge by 
a majority of votes, each member having one vote, and the 
Grand Master having two votes, unless the said lodge leave 
any particular thing to the determination of the Grand 
Master for the sake of expedition. 

XIII. At the said Quarterly Communication, all matters 
that concern the Fraternity in general, or particular Lodges, 
or single Brethren, are quietly, sedately, and maturely to be 
discoursed of and transacted: Apprentices must be admitted 
Masters and Fellow Craft only here, unless by a Dispensation. 
Here also all differences that cannot be made up and accom- 
modated privately, nor by a ] : iicular Lodge, are to be seri 



290 MASONIC TRIALS. 

ously considered and decided: And if any Brother thinks 
himself aggrieved by the decision of this Board, he may ap* 
peal to the Annual Grand Lodge next ensuing, and leave hia 
appeal in writing with the Grand Master, or his Deputy, or 
the Grand Wardens. 

Here, also, the Master or the Wardens of each particular 
Lodge shall bring and produce a list of such members aa 
have been made, or even admitted, in their particular lodges 
since the last communication of the Grand Lodge: and there 
shall be a book kept by the Grand Master or his Deputy, or 
rather by some brother whom the Grand Lodge shall appoint 
for Secretary, wherein shall be recorded all the Lodges, witli 
their usual times and places of forming, and the names of all 
the members of each Lodge; and all the affairs of the Grand 
Lodge that are proper to be written. 

They shall also consider of the most prudent and effectual 
methods of collecting and disposing of what money shall be 
given to or lodged with them in Charity, towards the relief 
only of any true Brother fallen into poverty or decay, but of 
none else: But every particular Lodge shall dispose of their 
own Charity for poor Brethren, according to their own By- 
laws, until it be agreed by all the lodges (in a new Regula- 
tion) to carry in the Charity collected by them to the Grand 
Lodge, at the Quarterly or Annual Communication, in order 
to make a common stock of it, for the more handsome relief 
of poor Brethren. 

They shall also appoint a Treasurer, a Brother of good 
worldly substance, who shall be a member of the Grand 
Lodge by virtue of his office, and shall be always present, 



GENERAL REGULATIONS. 291 

and have power to move to the Grand Lodge anything, espe« 
cially what concerns his office. To him shall be committed al] 
money raised for Charity, or for any other nse of the Grand 
Lodge, which he shall write down in a book, with the respect- 
ive ends and uses for which the several sums are intended; and 
shall expend and disburse the same by such a certain order 
signed, as the Grand Lodge shall afterwards agree to in a 
new Regulation: But he shall not vote in choosing a Grand 
Master or Wardens, though in every other transaction. As 
in like manner the Secretary shall be a member of the Grand 
Lodge by virtue of his office, and vote in everything, except 
in choosing a Grand Master or Wardens. 

The Treasurer and Secretary shall have each a clerk, who 
must be a Brother and Fellow Craft, but never must be a 
member of the Grand Lodge, nor speak without being allowed 
or desired. 

The Grand Master, or his Deputy, shall always command 
the Treasurer and Secretary, with their clerks and books, in 
order to see how matters go on, and to know what is expe- 
dient to be done upon any emergent occasion. 

Another Brother (who must be a Fellow Craft) should be 
appointed to look after the door of the Grand Lodge, but 
shall be no member of it. 

But these offices may be farther explained by a new Reg- 
ulation, when the necessity and expediency of them may 
more appear than at present to the Fraternity. 

XIV. If at any Grand Lodge, stated or occasional, quar- 
terly or annual, the Grand Master and his Deputy should be 
both absent, then the present Master of a Lodge, that has 



292 masootc trials. 

been the longest a Freemason, shall take the chair, and pre- 
side as Grand Master pro tempore, and shall be vested with 
all his power and honor for the time: provided there is no 
Brother present that has been Grand Master formerly, or 
Deputy Grand Master; for the last Grand Master present, 
or else the last Deputy present, should always of right take 
place in the absence of the present Grand Master and his 
Deputy. 

XV. In the Grand Lodge none can act as Wardens but 
the Grand Wardens themselves, if present; and, if absent, 
the Grand Master, or the person who presides in his place, 
shall order private Wardens to act as Grand Wardens pro 
tempore, whose places are to be supplied by two Fellow Craft 
of the same Lodge, called forth to act, or sent thither by the 
particular Master thereof; or if by him omitted, then they 
shall be called by the Grand Master, that so the Grand Lodge 
may be always complete. 

XYI. The Grand Wardens, or any others, are first to advise 
with the Deputy about the affairs of the Lodge or of the 
Brethren, and not to apply to the Grand Master without the 
knowledge of the Deputy, unless he refuse his concurrence in 
any certain necessary affair ; in which case, or in case of any 
difference between the Deputy and the Grand Wardens, or 
other Brethren, both parties are to go by concert to the Grand 
Master, who can easily decide the controversy and make uj 
the difference by virtue of his g^eat authority. 

The Grand Master should receive no intimation of business 
concerning Masonry but from his Deputy first, except in such 
certain cases as his Worship can well judge of; for if the 



GENERAL REGULATIONS. 293 

Application to the Grand Master be irregular, he can easily 
order the Grand Wardens, or any other Brethren thus apply- 
ing, to wait upon his Deputy, who is to prepare the business 
speedily, and to lay it orderly before his Worship. 

XYII. No Grand Master, Deputy Grand Master, Grand 
Wardens, Treasurer, Secretary, or whoever acts for them, or 
in their stead pro tempore, can at the same time be the Master 
or Warden of a particular Lodge ; but as soon as any of 
them has honorably discharged his Grand Office, he returns 
to that post or station in his particular Lodge, from which 
he was called to officiate above. 

XYIII. If the Deputy Grand Master be sick, or necessarily 
absent, the Grand Master may choose any Fellow Craft he 
please to be his Deputy pro tempore : But he that is chosen 
Deputy at the Grand Lodge, and the Grand Wardens too, 
cannot be discharged without the cause fairly appear to the 
majority of the Grand Lodge; and the Grand Master, if he 
is uneasy, may call a Grand Lodge on purpose to lay the 
cause before them, and to have their advice and concurrence: 
in which case, the majority of the Grand Lodge, if they cannot 
reconcile the Master and his Deputy or his Wardens, are to 
concur in allowing the Master to discharge his said Deputy 
or his said Wardens, and to choose another Deputy immedi- 
ately; and the said Grand Lodge shall choose other Wardens 
in that case, that harmony and peace may be preserved. 

XIX. If the Grand Master should abuse his power, and 
render himself unworthy of the obedience and subjection of 
the Lodges, he shall be treated in a way and manner to be 
agreed upon in a new Regulation ; because hitherto the Ad 



294 MASONIC TRIALS. 

cient Fraternity have had no occasion for it, their forme* 
Grand Masters having all behaved themselves worthy of that 
honorable office. 

XX. The Grand Master, with his Deputy and Wardens, 
shall (at least once) go round and visit all the Lodges about 
town during his mastership. 

XXI. If the Grand Master die during his mastership, or 
by sickness, or by being beyond sea, or any other way should 
be rendered incapable of discharging his office, the Deputy, 
or, in his absence, the Senior Grand Warden, or, in his ab- 
sence, the Junior, or, in his absence, any three present Mas- 
ters of Lodges, shall join to congregate the Grand Lodge 
immediately, to advise together upon that emergency, and 
to send two of their number to invite the last Grand Master 
to resume his office, which now in course reverts to him; 
or, if he refuse, then the next last, and so backward. But 
if no former Grand Master can be found, then the Deputy 
shall act as Principal until another is chosen; or, if there be 
no Deputy, then the oldest Master. 

XXII. The Brethren of all the Lodges in and about 
London and Westminster shall meet at an Annual Communis 
cation and Feast, in some convenient place, on St. John Bap* 
tisfs Day, or else on St. John Evangelist's Day, as the Grand 
Lodge shall think fit by a new Regulation, having of late years 
met on St. John Baptist's Day: Provided, 

The majority of the Masters and Wardens, with the Grand 
Master, his Deputy and Wardens, agree at their Quarterly 
Communications, three months before, that there shall be a 
Feast and a General Communication of all the Brethren: For 



GENERAL REGULATIONS. 295 

if either the Grand Master, or the majority of the particular 
Masters, are against it, it must be dropped for that time. 

But whether there shall be a Feast for all the Brethren of 
not, yet the Grand Lodge must meet in some convenient 
place annually on St. John's Day ; or, if it be Sunday, then 
on the next day, in order to choose every year a new Grand 
Master, Deputy and Wardens. 

XXIII. If it be thought expedient, and the Grand Master, 
with the majority of the Masters and Wardens, agree to hold 
a Grand Feast, according to the ancient laudable custom of 
Masons, then the Grand Wardens shall have the care of pre- 
paring the tickets, sealed with the Grand Master's seal, of 
disposing of the tickets, of receiving the money for the 
tickets, of buying the materials of the Feast, of finding out 
a proper and convenient place to feast in, and of every other 
thing that concerns the entertainment. 

But, that the work may not be too burdensome to the two 
Grand Wardens, and that all matters may be expeditiously 
and safely managed, the Grand Master or his Deputy shall 
have power to nominate and appoint a certain number of 
Stewards, as his Worship shall think fit, to act in concert 
with the two Grand Wardens; all things relating to the Feast 
being decided amongst them by a majority of voices, except 
the Grand Master or his Deputy interpose by a particular 
direction or appointment. 

XXIY. The Wardens and Stewards shall in due time wait 
upon the Grand Master or his Deputy for directions and 
orders about the premises ; but if his Worship and his 
Deputy are sick, or necessarily absent, they shall call together 



296 MASONIC TEIALS. 

the Masters and "Wardens of Lodges to meet on purpose for 
their advice and orders; or else they may take the matter 
wholly upon themselves, and do the best they can. 

The Grand Wardens and the Stewards are to account fof 
all the money they receive, or expend, to the Grand Lodge, 
after dinner, or when the Grand Lodge shall think fit to 
receive their accounts. 

If the Grand Master pleases, he may in due time summon 
all the Masters and Wardens of Lodges, to consult with them 
about ordering the Grand Feast, and about any emergency 
or accidental thing relating thereunto, that may require 
advice, or else to take it upon himself altogether. 

XXY. The Masters of Lodges shall each appoint one expe- 
rienced and discreet Fellow Craft of his Lodge, to compose a 
committee, consisting of one from every Lodge, who shall 
meet to receive, in a convenient apartment, every person 
that brings a ticket, and shall have power to discourse him, 
if they think fit, in order to admit him or debar him, as they 
shall see cause : Provided they send no man away before they 
have acquainted all the Brethren within doors with the rea- 
sons thereof, to avoid mistakes; that so no true Brother may 
be debarred, nor a false brother or mere pretender admitted. 
This committee must meet very early on St. John's Day at the 
place, even before any persons come with tickets. 

XXVI. The Grand Master shall appoint two or more 
trusty Brethren to be porters or door-keepers, who are also 
to be early at the place, for some good reasons, and who are 
to be at the command of the committee. 

XXVII. The Grand Wardens or the Stewards shall ap- 



GENERAL REGULATIONS. 297 

point beforehand such a number of brethren to serve at table 
as they think fit and proper for that work; and they may 
advise with the Masters and Wardens of Lodges about the 
most proper persons, if they please, or may take in such by 
their recommendation; for none are to serve that day but 
Free and Accepted Masons, that the communication may be 
free and harmonious. 

XXVIII. All the members of the Grand Lodge must be 
at the place long before dinner, with the Grand Master or 
his Deputy at their head, who shall retire, and form them- 
selves. And this is done in order — 

1. To receive any appeals, duly lodged, as above regulated, 
that the appellant may be heard, and the affair may be ami- 
cably decided before dinner, if possible; but if it cannot, it 
must be delayed till after the new Grand Master is elected; 
and if it cannot be decided after dinner, it may be delayed, 
and referred to a particular committee, that shall quietly 
adjust it, and make report to the next Quarterly Communi- 
cation, that Brotherly Love may be preserved. 

2. To prevent any difference or disgust which may be feared 
to arise that day, that no interruption may be given to the 
harmony and pleasure of the Grand Feast. 

3. To consult about whatever concerns the decency and 
decorum of the Grand Assembly, and to prevent all inde- 
cency and ill manners, the assembly being promiscuous. 

4. To receive and consider of any good motion, or any 
momentous and important affair, that shall be brought from 
the particular lodges by their representatives, their several 
Masters and Wardens. 



298 MASONIC TRIALS. 

XXIX. After these things are discussed, the Grand Mas- 
ter and his Deputy, the Grand Wardens or the Stewards, tha 
Secretary, the Treasurer, the clerks, and every other person 
shall withdraw, and leave the Masters and Wardens of the 
particular lodges alone, in order to consult amicably about 
electing a new Grand Master, or continuing the present, if 
they have not done it the day before; and if they are unani- 
mous for continuing the present Grand Master, his Worship 
shall be called in, and humbly desired to do the Fraternity 
the honor of ruling them for the year ensuing: And after 
dinner it will be known whether he accepts of it or not: for 
it should not be discovered but by the election itself. 

XXX. Then the Masters and Wardens, and all the Breth- 
ren, may converse promiscuously, or as they please to sort 
together, until the dinner is coming in, when every Brother 
takes his seat at table. 

XXXI. Some time after dinner, the Grand Lodge is form- 
ed, not in the retirement, but in the presence of all the 
Brethren, who yet are not members of it, and must not 
therefore speak until they are desired and allowed. 

XXXII. If the Grand Master of last year has consented 
with the Master and Wardens in private, before dinner, to 
continue for the year ensuing, then one of the Grand Lodge, 
deputed for that purpose, shall represent to all the Brethren 
his Worship's good government, etc. And, turning to him, 
shall, in the name of the Grand Lodge, humbly request him 
to do the Fraternity the great honor, (if nobly born, if not,) 
the great kindness of continuing to be their Grand Master for 
the year ensuing. And his Worship declaring his consent by 



GENERAL REGULATIONS. 299 

a bow or a speed), as he pleases, the said deputed member 
of the Grand Lodge shall proclaim him Grand Master, and 
all the members of the Lodge shall salute him in due form. 
And all the Brethren shall for a few minutes have leave to 
declare their satisfaction, pleasure, and congratulation. 

XXXIII. But if either the Master and Wardens have not 
in private, this day before dinner, nor the day before, desired 
the last Grand Master to continue in the mastership another 
year; or if he, when desired, has not consented; then 

The last Grand Master shall nominate his successor for 
the year ensuing, who, if unanimously approved by the 
Grand Lodge, and, if there present, shall be proclaimed, 
saluted, and congratulated the new Grand Master, as above 
hinted, and immediately installed by the last Grand Master, 
according to Usage. 

XXXIY. But if that nomination is not unanimously ap- 
proved, the new Grand Master shall be chosen immediately 
by ballot, every Master and Warden writing his man's name, 
and the last Grand Master writing his man's name too ; and 
the man whose name the last Grand Master shall first take 
out, casually or by chance, shall be Grand Master for the 
year ensuing; and, if present, he shall be proclaimed, saluted, 
and congratulated, as above hinted, and forthwith installed 
by the last Grand Master, according to Usage. 

XXXV. The last Grand Master thus continued, or the 
new Grand Master thus installed, shall next nominate and 
appoint his Deputy Grand Master, either the last or a new 
one, who shall be also declared, saluted, and congratulated, 
as above hinted. 



300 MASONIC ERIALS. 

The Grand Master shall also nominate the new Grand 
Wardens, and, if unanimously approved by the Grand Lodge, 
shall be declared, saluted, and congratulated, as above hinted; 
but if not, they shall be chosen by ballot, in the same way as 
the Grand Master: As the Wardens of private lodges are 
also to be chosen by ballot in each Lodge, if the members 
thereof do not agree to their Masters nomination. 

XXXYI. But if the Brother whom the present Grand 
Master shall nominate for his successor, or whom the majority 
of the Grand Lodge shall happen to choose by ballot, is, by 
sickness or other necessary occasion, absent from the Grand 
Feast, he cannot be proclaimed the new Grand Master, unless 
the old Grand Master, or some of the Masters and Wardens 
of the Grand Lodge can vouch, upon the honor of a brother, 
that the said person, so nominated or chosen, will readily 
accept of the said office ; in which case the old Grand Master 
shall act as proxy, and shall nominate the Deputy and Ward- 
ens in his name, and in his name also receive the usual hon- 
ors, homage, and congratulation. 

XXXYII. Then the Grand Master shall allow any Brother, 
Fellow Craft, or Apprentice to speak, directing his discourse 
to his Worship; or to make any motion for the good of the 
Fraternity, which shall be either immediately considered and 
finished, or else referred to the consideration of the Grand 
Lodge at their next communication, stated or occasional. 
When that is over, 

XXXYIII. The Grand Master or his Deputy, or some 
Brother appointed by him, shall harangue all the Brethren, 
and give them good advice: And, lastly, after some other 



GENERAL REGULATIONS. 301 

transactions, that cannot be written in any language, the 
Brethren may go away or stay longer, as they please. 

XXXIX. Every Annual Grand Lodge has an inherent 
power and authority to make new Regulations, or to alter 
these, for the real benefit of this ancient Fraternity: Provided 
always that the old Landmarks be carefully preserved, and that 
such alterations and new Regulations be proposed and agreed 
to at the third quarterly communication preceding the Annual 
Grand Feast; and that they be offered also to the perusal of 
all the Brethren before dinner, in writing, even of the youngest 
Apprentice; the approbation and consent of the majority of 
all the Brethren present being absolutely necessary to make 
the same binding and obligatory; which must, after dinner, 
and after the new Grand Master is installed, be solemnly de- 
sired ; as it was desired and obtained for these Regulations, 
when proposed by the Grand Lodge, to about 150 Brethren, 
on St. John Baptist's Day, 1721. 




MASONIC CALENDAR. 



For the convenience of those who are not entirely 
familiar with the various Masonic dates, the following; 
explanation is given : 

Freemasons, in affixing dates to their official docu- 
ments, seldom make use of the common calendar, but 
have one peculiar to the Order ; which, however, va- 
ries in the different rites. 

Masons of the York and French rites date from the 
creation of the world, calling it "Anno Lucis" which 
they abbreviate " A. L.," signifying in the year of 
light. Thus, in Symbolic Masonry, the year 1900 is 
A. L. 5900. This is done not because we believe 
Freemasonry to be coeval with the creation, but with 
a purely symbolic reference to the light of Masonry. 

Koyal Arch Masons reckon from the year in which 
Zerubbabel began to build the second Temple, which 
was 530 years before Christ. Their style is, therefore. 
" A, 1./' or " A. Inv. ;" that is, Anno Inventionis, or 
in the year of the discovery. Hence, in Royal Arcn 
Masonry, the common year 1900 is A. I. 2430. 



MASONIC CALENDAR. 303 

Royal and Select Masters reckon from the year in 
which King Solomon's Temple was completed. Their 
6tyle would therefore be, Anno Depositionis, signify- 
ing the year of the Deposite ; and the common year 
1900 would, in their calendar, be A. Dep. 2900. 

Knights Templar, being a Christian Order, gener- 
ally use the common Christian era ; although the par- 
ticular date of the Order is 1118. By the style of the 
Order, therefore, they often reckon from that date, 
which is denominated Anno Ordmis, or the year of 
the Order. The present year, 1900, would thus be 
A. O. 782. 

The several Masonic dates may be readily discovered 
by the following rules : 

1. To find the date of /Symbolic Masonry. Add 
4000 to the common era. Thus, 1900 + 4000=5900. 

2. To find the date of the Scotch Bite. Add 3760 
to the common era. Thus 1900 + 3760=5660. After 
September add one year more. 

3. To find the date of Royal Arch Masonry. Add 
530 to the common era. Thus 1900 + 530=2430. 

4. To find the Royal and Select Masters' date. Add 
1000 to the common era. Thus 1900 + 1000=2900. 

5. To find the date of the Knights Templar. Sub- 
tract 1118 from the common era. Thus 1900-1118 
=782. 

The following table shows at a glance the date of 
the present year 1900 in all the branches of Masonry : 



304 



MASONIC CALENDAK. 



Year of our Lord, A. D. 1900 — Common era. 

Year of Light, A. L. 5900 — Ancient Craft Masonry 

Year of the World, A. M. 5660— Scotch Eite. 

Year of the Discovery, A. I. 2430 — Eoyal Arch. 

Year of the Deposite, A. Dep. 2900 — Koyal and 
Select Masters. 

Year of the Order, A. O. 782— Knights Templar. 

In Eoyal Arch documents both the date of Sym- 
bolic and Capitular Masonry is generally used ; e. g. 9 
A. L. 5900, A. I. 2430. 




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APPENDIX OF GENERAL FORMS. 



LODGE. 

PETITION FOR DISPENSATION TO FORM A NEW LODGE. 

To the M. W. Grand Master of Masons of the State 
of 

The undersigned petitioners, Ancient Free and 
Accepted Masons, haying the prosperity of the frater- 
nity at heart, and being willing to exert their best en- 
deavors to promote and diffuse the genuine principles 
of Freemasonry; that for the convenience of their 
respective dwellings (otherwise stating the circumstances 
of the case), and for other good reasons, respectfully 
represent — 

That they are desirous of forming a new lodge at 

, in the county of , State of , to be 

named Lodge. They therefore pray for letters 

of dispensation, to empower them to assemble as a 
lawful lodge, to discharge the duties of Masonry in the 
several degrees of Entered Apprentice, Fellow Craft, and 
Master Mason, in a regular and constitutional manner, 



306 APPENDIX OP GENERAL PORMS. 

according to the ancient forms of the fraternity, and the 
laws and regulations of the Grand Lodge. 

They have nominated and do recommend Brother 
A. B. to be the first Worshipful Master, 0. D. to be the 
first Senior Warden, and E. F. to be the first Junior 
Warden, of said lodge. 

If the prayer of this petition shall be granted, they 
promise a strict conformity to all the constitutional 
laws, rules, and regulations of the fraternity and of the 
Grand Lodge. 

(This petition must be signed by at least seven Master 
Masons, and recommended by a Lodge or Lodges 
nearest the place where the new Lodge is to be holden, 
and the certificate of the Grand Lecturer, or some other 
prominent Master Mason, should accompany the pe- 
tition; stating the fact that the officers are competent 
to discharge the duties of their office respectively.) 

DISPENSATION POR NEW LODGE. 

Grand Lodge of Free and Accepted Masons of the 

State of 

To all to whom these presents may come, Greeting : 
Whereas, a petition has been presented to me, by sun- 
dry brethren residing within this jurisdiction, to wit : 

, praying, on account of the convenience of 

their respective dwellings, and for other good reasons, 
for a dispensation to empower them to assemble as a 
legal lodge, to discharge the duties of Masonry in the 
several degrees of Entered Apprentice, Fellow Craft, and 
Master Mason, in a regular and constitutional manner, 
according to the ancient forms of the fraternity, and the 
constitution and regulations of this Grand Lodge, and 



GENEI2AL FORMS. 307 

promising a strict conformity to all constitutional laws, 
rules and regulations of the same. 

And whereas, the said petitioners have heen recom- 
mended to me as Master Masons in good standing by 

the Worshipful Master, Wardens, and Brethren of 

Lodge, No. . . . , under our jurisdiction : Therefore I, 

, Grand Master of the Grand Lodge of Free and 

Accepted Masons of the State of , by virtue of the 

authority in me vested, do hereby grant this my dispen- 
sation, authorizing and empowering our trusty and well- 
beloved brethren aforesaid, to form and open a new 

lodge, in the of , in the county of , and State 

of ,to be called Lodge, and therein to admit and 

make Entered Apprentices, Fellow Crafts, and Master 
Masons, in accordance with the ancient usages and cus- 
toms of the fraternity, obeying in all things the consti- 
tution, laws, and edicts of this Grand Lodge, and not 
otherwise. 

And I do hereby appoint our worthy brother A. B. to 
be the first Master, brother 0. D. to be the first Senior 
Warden, and brother E. F. to be the first Junior War- 
den, of said new lodge. 

And it shall be their duty, and they are hereby re- 
quired, to return this dispensation, with a correct tran- 
script of all proceedings had under the authority of the 
same, together with an attested copy of their by-laws, 
to our Grand Lodge, at its next annual communication, 
for examination, and such further action as shall then 
be deemed wise and proper. 

This dispensation to continue in full force till the 
annual communication aforesaid, unless sooner revoked 
by me. 



308 GENERAL FORMS. 



In testimony whereof, I have hereunto set 
my hand, and affixed the seal of the Grand 

Lodge, at , this day of , A. D. 

19.., A. L. 59... 



Seal 
of the 
G. L. 



A T M , Grand Master. 

Attest : 
J F , Grand Secretary. 



PROXY FROM THE GRAND MASTER TO CONSTITUTE AND 

CONSECRATE A NEW LODGE, AND INSTALL 

OFFICERS. 

Office of the Grand Master of Masons \ 

of the State of , > 

,19... ) 

To all whom it may concern — Greeting : 

Know ye, that reposing full confidence in the skill 

and Masonic ability of our Worshipful Brother , 

I, Grand Master of the M. W. Grand Lodge of , 

do by these presents constitute and appoint him my 
Proxy, for me and in my name, to constitute and con- 
secrate Lodge, No. . . , and to install the officers 

thereof in due and ancient form, he making due return 
to me of Ais doings in the premises. 

Given under my hand and private seal, at , the 

day and year first above written. 

[Private Seal.] 

A T M , Grand Master. 



GENERAL FORMS. 309 

PETITION FOR DISPENSATION TO CONFER DEGREES ON, 

OR BALLOT FOR, A CANDIDATE, IN LESS THAN 

THE REGULAR TIME. 

Hall of Lodge, No. . . , ) 

,19...) 

To the M. W. Grand Master of Masons of the State 
of.... 

By a vote of this lodge, I am instructed to ask you 
for a dispensation to pass the ballot (or confer the de- 
grees, as the case may be) for M. A. B., who has peti- 
tioned this lodge for initiation (or is anxious to receive 
the degrees of F. C. and M. M., as the case may be), at 
a special meeting, to be called for that purpose. 

M. A. B. is . . . years of age ; his residence is . . . . ; his 

occupation is The case is one of emergency, for 

the reasons following : [Here state at length the rea- 
sons why a dispensation should be granted in the case, 
and enclose the fee.] 

P , Worshipful Master. 

[Seal of Lodge.] 



PETITION FOR INITIATION. 

To the Worshipful Master, Wardens, and Brethren of 
Lodge, No. . . , of F. and A. Masons : 

The petition of the subscriber respectfully showeth, 
that having long entertained a favorable opinion of youi 
ancient institution, he is desirous of being admitted a 
member thereof, if found worthy. 



310 GENERAL FORMS. 

His place of residence is , his age . . . years, his 

occupation 

He has .... applied for initiation into Masonry here- 
tofore. (If application has ever before been made to 
any lodge, state when, where, the number of times, to 
what lodge or lodges, and whether the applicant was 
elected or rejected.) 

A. . •••• -D . . . . . 

Eecommended by 
G. 



L 



ommended by ) 

H 

M" ) 



APPLICATION/ FOR MEMBERSHIP. 

To the "Worshipful Master, Wardens, and Brethren of 
Lodge, ISTo. . ., of F. and A. Masons : 

The petition of the subscriber respectfully showeth 
that he is a Master Mason of good standing — and re 
siding within the jurisdiction of your lodge, is desirous 
of being admitted a member thereof, if found worthy. 

Accompanying this petition is a dimit from the lodge 
of which he was last a member, and if received, he 
promises a strict compliance with the by-laws of the 
lodge, and the general regulations and usages of Ancient 
Freemasonry. 

.F, 

Recommended by 

A. 

C 



icomm ended by ) 

i B [ 

D ) 



GENERAL FORMS. 311 

DIMIT. 

Hall of Lodge, ISTo , of F. and A. Masons. 

Held at . . . .,by authority of the Grand Lodge of 

I hereby certify, that at a . . . . meeting of ... . Lodge, 

No. . ., held on the . . . day of , A. L. 5 . . ., Brother 

. . . . , by consent of said lodge, withdrew his member- 
ship from the same ; he being at the time a Worthy 
Master Mason in good standing, and baying paid all 
dues assessed against bim. 

By order of said lodge, 

[l. s.] , Secretary. 



GRAND LODGE CERTIFICATE. 

Grand Lodge of Free and Accepted Masons of the 
State of 

I hereby certify, that Lodge, No . . . , is regularly 

constituted and held under the authority and jurisdic- 
tion of this Grand Lodge, and that A. B. is Worshipful 
Master, 0. D. is Senior Warden, and E. F. is Junior 
Warden of said lodge. 

In testimony whereof, I have hereunto set my hand 

and affixed the Seal of the Grand Lodge, at , 

this. . . .day of. . . ., A. L. 59. . ., A. D. 19. . . 

[Seal of G. L.] J F , Grand Sec'y. 

We, the Master and Wardens of Lodge, No , 

held under the authority and jurisdiction of the Grand 
Lodge of F. and A. Masons of the State of , do 



312 GENERAL FORMS. 

hereby certify that our worthy and well-beloved Brothel 

, (who has written his name below,) is a Master 

Mason, in good standing in our lodge, and he is hereby 
recommended to the favor and protection of the Craft 
throughout the Globe. 
Given under our hands and seal of our Lodge, at . . . ., 

this day of. . . ., A. L. 59. ., A. D. 19. . . 

A B , W. M. 

[Seal of the Lodge.] C D , S. W. 

E F , J.W. 

Attest : G H , Secretary. 

Signature of 

(Application for the above certificate should be made 
to the Grand Secretary, either verbally or by letter, and 
should be accompanied by the constitutional fee.) 



representative's certificate. 

Lodge, No. . . . 

This is to certify, that at a communication of 

Lodge, No. . . . , held on the .... day of , A. D. 19 . . . 

A. L. 59. . ., our Worthy Brother was deputed to 

represent the "Worshipful Master of this lodge at the 
next session of the Grand Lodge of F. and A. Masons 
of the State of 

In testimony whereof, I have hereunto set my hand 

and affixed the Seal of Lodge, at ,this day 

of ...., A. D. 19..., A. L. 59... 

, W. M. 

Attest : , Secretary. 



GENERAL FORMS. 313 

CHAPTER. 

PETITION FOR DISPENSATION" FOR NEW CHAPTER. 

To the Most Excellent Grand High-Priest of the 
Grand Chapter of Royal Arch Masons of the State 
of 

We, the undersigned, being Royal Arch Masons in 
good standing, and having the prosperity of the Royal 
Craft at heart, are anxious to exert our best endeavors 
to promote and diffuse the genuine principles of Royai 
Arch Masonry, and for the convenience of our respective 
dwellings, and other good reasons, as thereunto moving, 

we are desirous of forming a new Chapter at , in the 

of , to be named Chapter. 

We, therefore, pray for a dispensation empowering us 
to open and hold a regular Chapter at ... . aforesaid, and 
therein to discharge the duties and enjoy the privileges 
of Royal Arch Masonry, according to the landmarks 
and usages of the order, and the constitution and laws 
of the Grand Chapter. 

And we do hereby nominate and recommend Compan- 
ion A. B. to be our first Most Excellent High-Priest : 
Companion C. D. to be our first King ; and Companion 
E. F. to be our first Scribe. 

And should the prayer of this petition be granted, we 
do hereby promise a strict conformity to the constitution, 
laws, and edicts of the Grand Chapter of the State of 

, and to the constitution of the General Grand 

Chapter of the United States, so far as they may come 
to our knowledge. 

Dated , A. L. 59. . ., A. I. 24. . . 



31tt GENERAL FORMS. 

(To be signed by not less than nine Eegular Eoyal Arch 
Masons, and to be accompaned by the dimits of the peti- 
tioners, the constitutional fee, and the recommendation 
of the nearest Chapter. The words in italics to be omitted 
in those States whose Grand Chapters are not under the 
jurisdiction of the General Grand Chapter of the U. S.) 



RECOMMENDATION" FOR DISPENSATION. 

To the Most Excellent Grand High-Priest of the 
Grand Chapter of Eoyal Arch Masons of the State 
of 

At a regular convocation of ... . Chapter, No . . . , held 
at . . . . , on the day of , A. L. 59 . . ., A. I. 24. . . 

The petition of several companions, praying for a 

dispensation to open a new Chapter at . . . ., in the 

of.. . ., was duly laid before this Chapter, when it was, 
after consideration of the same, 

Resolved, That this Chapter, being fully satisfied that 
the petititioners are Eoyal Arch Masons in good stand- 
ing, and being prepared to vouch for their moral char- 
acter and Masonic abilities, does therefore recommend 
that the dispensation prayed for be granted to them. 

A true copy from the records. 

E F , Secretary. 

Upon the receipt of the foregoing petition and recom- 
mendation, duly executed, the Grand or Deputy Grand 
Iligh-Priest is authorized to issue his dispensation, 
under his private seal, for opening and holding the new 
Chapter ; which dispensation should be in the following 
or similar form : 



GENERAL FORMS. 315 

DISPENSATION FOR NEW CHAPTER. 

To all toliom it may concern : 

Know ye, that I, , Most Excellent Grand 

High-Priest of the Grand Chapter of the State of. .... , 
have received a petition from a constitutional number 
of companions, who have been properly vouched for and 
recommended ; which petition sets forth that they are 

desirous of forming a new Chapter at , in the 

of ; and whereas there appears to me to be good 

reason for granting the prayer of said petition : 

Now, therefore, by virtue of the power in me vested 
by the Constitutions of the Order, I do hereby grant 
this my Dispensation, authorizing and empowering 
Companion A. B. to act as Most Excellent High-Priest, 
Companion C. D. to act as King, and Companion E. F. 
to act as Scribe, of a Chapter of Eoyal Arch Masons to 

be holden at , in the of , to be named and 

designated as Chapter. 

And I do hereby further authorize and empower the 
said Companions, with the necessary assistance, to open 
and hold Lodges of Mark Masters, Past Masters, and 
Most Excellent Masters, and a Chapter of Royal Arch 
Masons, and therein to advance, induct, receive, and 
acknowledge candidates in the several preparatory 
degrees, and to exalt the same to the Holy Royal Arch, 
according to the ancient landmarks and usages of the 
Order and the Constitutions of the Grand Chapter of the 

State of , and of the General Grand CJiapter of the 

United States, but not otherwise. 

And this dispensation shall remain of force until the 
Grand Chapter aforesaid shall grant a warrant of Con- 



316 GENERAL FOEMS. 

stitution for the said Chapter, or until it shall be revoked 
by me, or by the authority of the Grand Chapter. 

Given under my hand and private seal, at , thia 

. . . . day of . . . ., A. L. 59 . . .. A. I. 24. . . 

, Grand High-Priest. 

The words in italics are to be omitted in States whose 
Grand Chapters are not under the jurisdiction of the 
General Grand Chapter of the U. S. 

At the next regular convocation of the Grand Chap- 
ter after the granting of this dispensation, the Grand 
Chapter will, unless good reasons appear to the contrary, 
grant a Warrant of Constitution, which should be in 
the following form : 

WAEEANT OE CONSTITUTION. 

To whom it may concern : 
The Most Excellent Grand Eoyal Arch Chapter of 

the State of , assembled in Grand Convocation in 

the city of , State afor^s 



JaUil 



Send Greeting: 

Know ye, that we, the Grand Eoyal Arch Chapter of 

the State of , do hereby authorize and empower our 

trusty and well-beloved Companions, A. B., High-Priest ; 
C. D., King; and E. E., Scribe, to open and hold a 

Eoyal Arch Chapter at . . . ., in the of . . . . , to be 

known and designated on onr register as Chapter, 

No. . . ., and there n to exalt candidates to the august 



GENERAL FORMS. 317 

sublime degree of the Holy Royal Arch, according to 
the ancient landmarks and usages of Royal Arch 
Masonry, and not otherwise. 

And we do further authorize and empower our said 
trusty and well-beloved Companions, A. B., C. D., and 
E. E, to open and hold, under the jurisdiction of the 
said Chapter, Lodges, and confer the degrees of Mark 
Master, Past Master, and Most Excellent Master, and 
therein to advance, induct, receive, and acknowledge 
candidates, according to the aforesaid landmarks and 
usages of the craft, and not otherwise. 

And we do further authorize and empower our said 
trusty and well-beloved Companions, A. B., C. D., and 
E. R, to install their successors, duly elected and chosen, 
to invest them with all the powers and dignities to the 
offices respectively belonging, and to deliver to them 
this warrant of Constitution; and such successors, 
when duly installed, shall in like manner install their 
successors from time to time, and proceed in the prem- 
ises as above directed — such installation to be on or 
before the festival of St. John the Evangelist. 

Provided always, that the above-named Companions, 
and their successors, do pay, and cause to be paid, due 
respect and obedience to the Most Excellent Grand 

Eoyal Arch Chapter of the State of aforesaid, and 

to the edicts, rules, and regulations thereof; otherwise, 
this warrant of constitution to be of no force not 
virtue. 

Given in Grand Convocation, under the hands of 
our Grand Officers, and the seal of our Grand Chapter t 



318 GENERAL FORMS. 

at ,, this day of , in the year of ligh^ 

59 . . , and of the discovery, 24 . . . 

G H , L M , 

Grand High-Priest. Grand King. 

J K , N , 

Deputy Grand High-Priest. Grand Scribe. 



Seal of 

the 

Grand Chapter. 



Attest : 
K S , Grand Secretary 



CERTIFICATE OF PROXY, TO CONSTITUTE A NEW 
CHAPTER, AND INSTALL ITS OFFICERS. 

To all whom it may concern : 

Bnt more especially to Companion A. B., Most Ex- 
cellent High-Priest elect ; 0. D., King elect ; E. F., 
Scribe elect, and the other Companions who have been 
empowered, by a Warrant of Constitution issued under 
the authority of the Most Excellent Grand Chapter 

of , to assemble as a regular Chapter at , 

in the of , and to be known and desig 

nated as Chapter, No : 

Know ye, that reposing all trust and confidence in 
the skill, prudence, and integrity of our Most Excellent 

Companion , I have thought proper, 

being myself unable to attend, to nominate and appoint 

the said Most Excellent Companion , 

to constitute, in form, the Companions aforesaid into 
a regular Chapter, and to install the officers elect, 
according to the ancient usages of the craft ; and for 
so doing this shall be his sufficient warrant. 






GENERAL FORMS. 819 

Given under my hand and seal, at , this 

. ... day of , A. L. 59. ., A. I. 24. .. 

j^ ■ : , Grand High-Priest. 



PETITION FOR CAPITULAR DEGREES. 

To the Most Excellent High-Priest, King, Scribe, 

and Companions of Chapter, No . . . , of Royal 

Arch Masons : 

The undersigned, a Master Mason, and a member of 

Lodge, No , under the jurisdiction of the 

Grand Lodge of , haying the good of the craft 

at heart, and being desirous of obtaining further light 
in Masonry, fraternally offers himself as a candidate 
for the degrees conferred in your chapter. Should this 
his petition be granted, he promises a cheerful com- 
pliance with all the forms and usages of the fraternity. 
His residence is ; and his occupation is .... . . 

Dated , A. L. 59... 

Recommended by \ 

L M ,[ B C 

N O ,) 

This petition must be recommended by at least two 
Royal Arch Masons. 



DIMIT FROM A CHAPTER. 



To all Royal Arch Masons to whom these presents 
shall come — Greeting : 



320 



GENERAL FORMS. 



This is to certify that companion A. B. is, at 

the date of these presents, a Royal Arch Mason, in 

good and regular standing, and that having paid all 

dues, and being free from all charges, he is, at his 

ji own request, by the vote of the Chapter, dismissed 

"g from membership in Chapter, No , under 

| the jurisdiction of the Grand Chapter of 

Given under my hand, and under the seal and 

by order of the said Chapter, at , this 

day of , in the year of light 59 . . , and of tha 

discoverv 24 . . 



Seal of 

the 
Chapter. 



E F , Secretary. 



FORM OF A ROYAL ARCH DIPLOMA. 



HOLINESS TO THE LORD. 

To all Enlightened, Advanced, 
Passed, Received and Acknowl- 
edged and Exalted Masons 
throughout the world : 
Tlirice Greeting : 
We, the Officers of the Grand 

Royal Arch Chapter of , 

do hereby certify that the 
bearer, our well-beloved Com- 
panion , who hath in 

the margin hereof, signed his 
name, has been regularly 
admitted to the degrees of 
Mark, Past, and Most Excel- 
lent Master, and exa ted to the 



SANCTUM DOMINO. 

Omnibus Architectonibus, lUu- 
minatis, Promotis, Expertis, 
Beceptis et Recognitis atque 
Excelsis per Orbern Terrarum: 

S.\ S.\ S.\ 

Nos, Prsefecti Summi Capi- 

tuli Arcus Regalis [name of the 

state] testamur et certum faci- 

mus socium nostrum dilectissi- 

mum , qui hujusce in 

margine, nomen suum ascripsit, 
post debitas constitutasque 
scientiae et constantiae probati- 
ons, gradibus Magistri Insig 
niti, Experti et Excellentissimi 



GENERAL FORMS. 



321 



august degree of the Holy- 
Royal Arch, having sustained 
with fortitude the severe trials 
of skill and constancy required 
from all previous to their ad- 
mission into this sublime Order. 
And as such, we recommend 
him to all our excellent 
and well-beloved Companions 
throughout the two hemi- 
spheres. 

Given under our hands and 
the seal of the Grand Chap- 
ter, at , this .... day 

of , in the year of 

light 585.., and of the dis- 
covery 288.. 

, Grand 

Grand 



: Seal of : 
: the : 
: Q. Chapter. : 



cumulatum esse, et in ordinem 

augustum Architectonum 

Arcus Sancti Regalis rite 

evectnm. Eum igitur cum 

singulis juribus ad istos gradua 

pertinentibus, omnibus sociis 

commendamus. 

In cujus rei testimonium 

manus nostras et sigillum . 

Summi Capituli his pre- * 

sentibus apponi curavi- 9. 

mus hac die . . §■ 

men sis Anno Lucis ' 

585 . . , et post inventio- 
nem238... 



Sigh-Priest 
King. 

, Deputy G. High-Priest 

, Grand Scribe. 



Grand Secretary. 



CERTIFICATE OF PROXY, FOR REPRESENTATIVE IN THE 
GRAND CHAPTER. 



To the Most Excellent Grand Chapter of Koyal Arch 
Masons of 

This is to certify, that I have hereby appointed Com- 
panion my Proxy, to represent me as 

(High-Priest, King, or Scribe) of Chapter, 

No. . . , in the convocation of the Grand Chapter 



322 GENERAL FOEMS. 

of , to be h olden at , on the day 

of , A. L.59.., A. 1.24... 

Witness my hand at , this .... day of , 

A. L.59.., A. I. 24... 

N 

i Prirote : of Chapter, 

:..!^:.. : No...,R. A. M. 



COMMANDEKY. 

PETITION FOE DISPENSATION TO FOEM A NEW 
OOMMANDEEY. 

To the Eight Eminent Sir A. B., Grand Commander 
of the Grand Commandery of Knights Templar, of the 
State of 

The undersigned petitioners respectfully represent, 
that they are Knights Templar in good and regular 
standing, and haying the prosperity of the Order at 
heart, are desirous of promoting its influence. 

For the convenience of their respective dwellings, 
and for other good reasons, they are desirous of estab- 
lishing a new commandery, to be located at , 

and to be known as Commandery. 

They have nominated, and do hereby recommend, 
Sir A. B. to be the first Eminent Commander, Sir 
C. D. to be the first Generalissimo, and Sir E. F. to be 
the first Captain-General of said new Commandery; 
and they pray that letters of dispensation may issue 
empowering them to meet and work as a regular 
Commandery. 



GENERAL FORMS. 323 

Should the prayer of the petitioners be granted, they 
promise a strict compliance with the statutes and regu- 
lations of the Grand Oommandery aforesaid, and of the 
Grand Encampment of the United States, and of the 
usages of the order. 

(This petition must be signed by at least nine Sir 
Knights of the Order, and must be accompanied by 
the constitutional fee, and the recommendation of the 
nearest commandery.) 



FORM OF CERTIFICATE OF ELECTION. 

Be it Known, That on the day of , 19. ., at 

a Eegular Meeting of Oommandery, No.. ., held 

in the. . . .of , County of , and State of , 

the following named Sir Knights were duly elected and 
installed Officers of the same for the ensuing year, viz. : 

Sir Knight , E. Commander. 

Sir Knight , Generalissimo. 

Sir Knight , , Captain-General. 

In Testimony Whereof, we, the members of said 
Commandery, haye caused the Seal thereof to 
[l. s.] be hereunto affixed, and our Recorder to sign 
the same. 

, Recorder, 

FORM OF CERTIFICATE FOR PROXY. 

To the Grand Commandery of the State of. 

This is to Certify, That in consideration of the 
confidence we repose in the courtosy and magnanimity 
of our valiant Sir Knight , we have 



324 GENERAL FORMS. 

nominated and appointed, and by these presents do 

nominate and appoint, the said Sir Knight 

to be the Proxy for Commandery, No. . . ., in 

the Grand Commandery of the State of , 

and then and there to represent ns and to do every act 
and thing agreeably to the Statutes and Eegulations of 
the Grand Commandery, as fully and completely as the 
officers of our Commandery could do were they person- 
ally present. 
Witness the hands of our E. Commander and Eecorder, 

and the Seal of Commandery, this day 

[l. S.] of , A. D. 19 . ., and of the Order. . . . 

., E. Commander. 

, Recorder. 



FORM OF PETITION. 

To the E. Commander, Generalissimo, and Captain- General of 

Commandery, No 

The undersigned represents that he has received the 
Degrees of Entered Apprentice, Fellow Craft, and 
Master Mason, in a regularly constituted Lodge; the 
Degrees of Mark Master, Past Master, Most Excellent 
Master, and the Sublime Royal Arch, in a regularly con- 
stituted Chapter ; that he is a member of 

Lodge, No , and Chapter, No , in good 

standing ; that he is desirous of receiving the Orders 
of Knighthood, conferred in your Commandery, and if 
found worthy, promises to conform to the ancient usages 
and customs of the Order. 



GENERAL FORMS. 32£ 

My place of residence , . . ; my age . . .years 

my occupation 

,19... 

A* • •• Jj« • • • 



Recommended 



by | 



FORM OF DEMIT. 



t 



'IN HOC SIGNO VINCES. 



To all Sir Knights of the Illustrious Order of Red Cross, and of the 
Valiant and Magnanimous Orders of Knights Templar and 
Knights of Malta, to whom these presents may come — Greeting : 

This is to certify, That Sir Knight , 

whose name appears in the margin of this Demit, 
c is a Knight Templar, and was a member of ... . 
H Commandery, No. . . , in good standing, and free 
§ from ail charges on the books, and as such we do 
^ courteously recommend him to the fraternal re- 
gard of all valiant and magnanimous Sir Knights, 
wherever dispersed. 

In Testimony Whereof, we have hereunto set our 
hands, and caused the Seal of our Command- 

[l. s.] ery to be affixed, this day of , in the 

year of our Lord 19. ., and of the Order 7. .. 

,E.O. 

Attest: 

, Recorder, 



326 GEXEEAL FORMS. 

Note. — It will be noticed that the foregoing appendix 
of general forms contains none of the forms pertaining 
to Masonic trials. All the forms used in trials will be 
found in their appropriate connection in the body of 
this work, and can be readily found by reference to the 
appropriate heads, or to the General Index. 




INDEX 



A. 

PA«3 

Accused, servl:e of summons and charges upon 40-187 

" notice to take proofs upon 52 

" " " of report of com. upon 194 

" " " judgment upon 81-150-200 

" may appear by counsel 49-147-189 

" entitled to speedy and impartial trial 104 

" upon what degree to be tried 22-143-144-175-182 

" may object to commissioners 52-188 

" under suspension, can only appear in Lodge by 

counsel 50 

" status of, while under charges 43-99-101-128 

" suspension 74-150-199 

" expulsion 72-150-199-244 

" " not affected by reprimand 76 

" " " " if no sentence passed 80 

" " upon reversal of judg't on appeal.. 110 to 115 

" right of, to vote, while under charges 43 

" cannot be witness, but may make any statement 

or explanation on the trial 61 

" cannot be present at final deliberation and ballot,. G5 -68 

" when W. M. to appoint counsel for 49-50 

entitled to counsel 43-147-189 

" when W. M. may appoint couusel for 43 

" service of notice to take proofs upon 52 

" " " of report of com. upon 194 

" service of notice of judgment upon 81-150 

m what must be standing of 34-148-183 

14 should be member of the body wherein he prefers 

charges 34-183 



328 INDEX. 

PAG 8 

Accused, cannot vote nor be present at final deliberation and 

ballot 50-68-149 

Adjourn, Commandery may 243 

Amendments 33-101-147-198 

Ancient Charges 272-273 

" Constitutions 266 

" Craft Masonry, tribunals in 21-129 

" Landmarks 254 

" rules and precedents should be followed 95 

Anno Domini, Date of, when used 302-304 

" Depositions, " " " 302-304 

" Inventions, " " " 302-304 

" Lucis, " " « ,302-304 

" Mundi, " " " 302-304 

" Ordinis, " " " 302-304 

Answer should be in writing 44 

" to be filed 44 

" if oral, to be recorded 44 

" denying jurisdiction 44 

" " validity of charges 45-46 

" to the merits 47-49 

" of not guilty 47 

" of guilty as to part, and not guilty as to another 

part 48 

" admitting the facts, and alleging justification 48 

" in the Lodge 44 

" " Chapter 144-146 

" Commandery 188 

to appeal 88-204 

" failure or refusal of accused to 50-61 

" amendment of 101 

Appeal, Constitutional provisions relative to. , 163-175-217-228 
" Landmarks, etc. " " 241-260 

" Powers of Grand Master relative to 129 

" " u High-Priest, " " 151 

" " Commander " " 206 

* form of; in Lodge 87 



INDEX. 329 

PAGE 

Appeal, form of, in Chapter 151 

" " Commandery 202 

" from Grand Master to Grand Lodge 99 

rt " " " Commandery to Grand En- 
campment 207 

" motion to dismiss 94 

" notice of, in Lodge 85 

" " " Commandery 201-202 

44 answer to, in Lodge 88 

4 ' " " Commandery 204 

44 does not lie from W. M. to the Lodge 90 

44 " " H. P. to the Chapter 176-177 

" " E.C. to the Commandery.. 201-233-241 

44 " G. C. to G. " 206 

44 " G. Chapter to Gen. G. Chapter 

150-156-157-175 
44 " " ballot for degrees or membership 

93-151-201 
44 when it lies from Lodge to Grand Master.. . . 89-90-129 
44 " " " Lodge only, 

89-90-129 
44 " " Chapter to Grand High-Priest... 150 

44 G.G.H. P. to Gen. Grand Chap... 163 
44 " " « " Chapter 

only 151 

44 may be taken from chair in Grand Encampment. . . .217 

44 right of, inalienable. 84-260 

44 any member or party may 84 

44 upon what grounds may be taken 84-85 

44 trial of, in Grand Lodge 94 to 98 

* " " Chapter 151-152 

4 44 " Commandery 205 to 209 

44 Grand Body may affirm, reverse, or modify decision 

on 98 

u Grand Body may grant new trial on 98 

** when matters of form considered upon trial of 95 

44 new proofs admissible on trial of 96 



330 INDEX. 

PAOS 

Appeal, new proofs, notice of, to be given on trial of 96 

" court of, powers and nature of 97-125 

" status of accused when decision of Lodge affirmed. 98 
" " " " " reversed on. 110 to 113 

" " u " new trial granted on 99-101 

" may be repeatedly taken 103 

Appearance of parties by counsel 43-49-147-189-207 

" " accused when under suspension 50 

Appendix of general forms 305 

Argument, of the 62 

Arrest of charter by Grand Master 123 

" " form of 123 

" " " High-Priest 152 

Assessments, Grand Commander may make 245 

B. 

Ballot, must be upon degree of M. M. in Lodge 68 

" " R. A. M. in Chapter 149-175 

" " " K. T. " Commandery. . . 182 

" taken first upon question of guilt 68 

" should be cast upon each specification separately. ... 69 

" to be secret 68-69 

" ball, more Masonic , 69 

" order of, upon penalty. . . , 79 

" result of each, to be recorded 70-80 

Boundaries of jurisdiction 27-119-144-183 

Business, in matters of general, appeal lies to G. Master. . .89-136 
By-Laws, each organization has exclusive jurisdiction over 

its own 29-120-144 

for infliction of punishment without trial void 78 

" charges for violation of, must specify section 39-40 

are evidence of themselves 54 

C 

Candidate, qualifications of ... 174-236-244^245-262-266-271-274 

Chair, succession *3, in Lodge 25 

" Chapter 143-162-173 



INDEX. 33 J 

PAGB 

Ohrfii, succession to, in Commandery . . .182-234 

" Grand Chapter 162-173 

" Commandeiy 229-230 

" " " " Encampment 219 

Chapter, trial in , 138 

Charges of a Freemason 276 

of the 32 

" must be in writing 32 

" " clear and certain 32 

who may prefer 34-148-183 

who subject to 28-29-30-35-144-183 

" Worshipful Master exempt from, in his Lodge 28 

Grand " " " .... 29 

" when to be read 33-186 

" amendment of 33-147 

" frivolous, not to be entertained 35 

" when W. M. may dismiss 35 

" form of in Lodge 36 

" " for non-payment of dues 39 

Chapter 145 

" " Commandery 184-185 

" " against a W. M. in Grand Lodge 122 

" " Lodge " " 121 

" Grand Master may suspend W. M. on filing of 123 

" " " arrest charter " " 123 

" copy of, to be served on accused 40-144-186 

" service of, to be personal, if practicable 41 

" " when at last place of residence ... 41 

" " not necessary if accused absconds 43 

" who may serve 41 

" certificate of service of. . . , 41 

" accused must answer to 44-188 

" status of accused while under 43-99-101-128 

Charter, Lodge has no judicial powers without 22 

" form of order arresting 123 

" who to grant 123 

Christianity, Knight Templar must believe in . , 247 



332 INDEX. 

PAGB 

Commander, Grand (See Grand Commander.) 

Commandery, general forms used in 393 

" dispensation for new 322 

petition for 322 

" dimit from 325 

" certificate of election in 323 

" " " proxy to Grand 323 

" petition for orders in 324 

« charges in 184-185 

" " "answer to 188 

44 jurisdiction of 181-182-183 

m u « oyer g enera i Masonic offences . 181 

" " " Knight of Red Cross subject to 183 

" trialin 178 

44 " who competent to sit upon 182 

44 " follows general analogies of Mas. law 179 

" "of Knight of Red Cross 182-183 

" " majority vote convicts on 199-233 

44 " Proofs upon 190 to 194 

44 u Grand 205 to 207 

" expulsion from 199-244 

44 " M effect of 199-244 

u suspension from 199-245 

44 " " effect of. 199-245 

" appeal from, to Grand Commandery 201-207 

44 Grand, Constitutional powers and jurisdiction 

of 224 

44 Grand Officers of. 225 

44 " appeal from, to Grand Encampment. . 207 

Commissioners to take proofs on trial 51-52-148-186-190 

" notice to 51-186 

44 summons to testify before 57-189 

44 notice of meeting of. . . .• <. 52-53 

44 minutes and report of. 58-59-191-195 

44 not to report opinion in Lodge 58 

Committee to take proofs in Commandeiy 186-188 

44 notice to 51-186 



INDEX. 333 

PAGE 

Committee, proofs, how taken by 58-148-190 

" minutes of 58-190-191 

" report of 59-148-195 

" to report both facts and opinion in Commandery 197 

M reference of appeals to, in Grand Lodge 94 

Consent of nearest Chapter for new Chapter 314 

Constitutions, ancient 266 

Constitution of General Grand Chapter 155 

" " Grand Encampment 213 

Contract, when Masonry takes cognizance of breach of. ... . 17 

Costume of Knight Templar 250 

Counsel, when "W. M. may appoint ,43-49-50 

" who may be, on trial in Lodge 43 

" * " " Chapter. 147 

" " " " Commandery. 189 

Crimes, Masonic 15-142-181 

** ** nature and enumeration of. 15 to 20 



Dates, Masonic 302 

Degree, on what, accused must be tried 22-143-144-175-182 

" ballot to be taken 68-149-175-182 

Deliberation, of the 65 

Dimit, form of, from Lodge 311 

" " " Chapter 319 

" " " Commandery 325 

Dispensation for new Lodge 306 

" " Chapter. 315 

" " Commandery. 822 

" petition for, Lodge 305 

44 " Chapter 313 

u " Commandery 322 

** recommendation for, Chapter 314 

* Lodges under, have no judicial powers 23 

" Chapters " " " u 143 



334: INDEX. 

paob 

Dispensation, Command cries under, have no judicial powers 182 

Dues, one under suspension or expulsion not subject to. . . .73-75 

" non-payment of 19-38-39 

" " " charges for 39 

" of subordinate to Grand Bodies 166-235 



Edicts and decisions of Grand Encampment 241 

" " usages of Royal Arch Masonry .....173 

Encampment, Grand, edicts and decisions of 241 

44 " jurisdiction of 180-210-216 

" " Constitution of 213 

" " officers of 213-214 

Entered Apprentices, subject to penal jurisdiction 29-30 

Evidence, how taken in Lodge trials 58 

44 " " Chapter 44 148 

4 * " " Commandery trials 190 

44 records of Lodge are 54 

44 Constitution and By-Laws are 54 

44 best, must be produced 54 

M hearsay, generally, not admissible 54 

44 new, on trial of appeal 96 

44 noticeof 96-97 

Exclusion, W. Master's power of 78 

44 of visitors from trials 23-68-143 

44 of parties and counsel from final ballot 68-149 

Expulsion, penalty of 71-72-149-199-244-245 

effect of, by Lodge 71-72-149-199-245 

44 " " Chapter 149-150 

tt " " Commandery 199-244-245 

a by what vote sentence of, passed in Lodge 79 

« « " " " Chapter.... 149 
tt " " " " Command'y. 199 
" itatus of one under sentence of 72-150-199-244 



INDEX. 335 

F. 

PASS 

Fellow Oraft, subject to penal jurisdiction 29-30 

Fines, not a lawful Masonic penalty 78 

Form of answer to charges in Lodge 44-46-47-48 

44 " Chapter 146 

44 " " Commandery 188 

44 " appeal in Lodge 88 

44 " " Commandery 204 

44 charges and specifications in Lodge 36 to 39 

44 " " Chapter 145 

44 complaint " Commandery . . . .184-185 

44 certificate of service of charges 41 

44 " membership 311 

44 * 4 election in Commandery 323 

44 " proxy " " 323 

44 " " "Chapter 321 

44 " 4< to constitute new Chapter. . . 318 

44 " " " '* Lodge.... 308 

44 dimitfrom Lodge 311 

44 " Chapter 319 

44 " Commandery 325 

44 dispensation for new Lodge 306 

44 " " Chapter 315 

44 " " Commandery 322 

44 diploma, Royal Arch 320 

44 denial of jurisdiction 44 

44 " validity of charges 46 

44 motion to dismiss appeal 94 

44 notice to Commissioners 51 

u " Committee 51 

44 " of appeal in Lodge 85 

44 " " Commandery 202 

tt " to take proofs 53-187 

** " ofdecision 81-82 

* a report of committee 194 

• * judgment 81-82-200 



336 INDEX. 

PAGE 

Form of order arresting charter 123 

44 " suspending W. M 12i 

44 petition for dispensation for new Lodge 305 

44 ' " " " Chapter 313 

4444 " to confer degrees 309 

44 a initiation 309 

44 ** membership 310 

44 " capitular degrees 319 

44 " orders of knighthood 324 

44 recommendation for dispensation 314 

44 report of Commissioners 59-195 

44 " Committee 195 

44 resolution in Commandery 197 

44 government, Masonry takes no cognizance of . . . .15-16 

44 summons to accused in Lodge 40 

44 " " Commandery 187 

44 warrant of constitution 316 

Forms, appendix of general, for Lodge 305 

44 " " Chapter 313 

« tl " Commandery 322 

44 of various specifications 37-88 

Form, matter of, when material 95 

44 " " not material 95 

Free-born, candidate must be 283 

G. 

General assemblies 117 

44 Grand Chapter of the U. S 140-141 

" " a " contsitution of 155 

" «* " « officers of 158 

" a " " jurisdiction of... 140-141-156 

« « « u no appeal to, 150-156-157-175 

44 " " " powers of, limited 156 

God, duty to, charges concerning 276 

Government, Masonic, form of. 91 

" of countiy to be obeyed 16 

14 Masonry takes no cognizance of forms of. . . .15-16 



INDEX. 337 

PAGE 

Grand Chapter 150-163 

" " officers and jurisdiction of. .... , 163 to 167 

" " appealto 150 

u " is tribunal of last resort 150 

" Commandery. 183-224-241 

44 " officers and jurisdiction of 224-231 

" " appeals to 201 to 207 

44 M " from, to Grand Encampment. . 207 

44 " owes allegiance to 236-237 

" Lodge, nature of. 117 

44 " jurisdiction and powers 117 to 121 

44 " is sovereign, within Landmarks 119 

** " owes allegiance to no superior 118 

44 4 is tribunal of last resort 22-118-119 

44 « appealto 84 

44 a " right of, inalienable 84 

44 «• " formof 87 

u u u u from G. M 99 

44 a " notice of. 85 

44 a " answerto 88 

44 a 4t trialof. 94to99 

44 u " action upon 98 

44 a charges in, against Master 121-122 

44 " " " Lodge 121 

44 44 has exclusive jurisdiction over W. M 29-123 

44 a 4t general " *• the craft 119 

44 « 4 " original " " offences 120 

44 Master, powers of, in trials and appeals 129 

u ** maysuspendW. M 124 

44 " " aiTest charter of Lodge 123 

** * 4 " convene G. L. specially. 125 

44 " " grant new trials 126 

44 44 appeals to, when proper 89-90-136 

44 44 " " improper 89-90-136 

44 " " from, to Grand Lodge 99-100 

44 * petition to 126-305-309 

44 u dispensations from 306 



338 INDEX. 

PASB 

Grand Master proxy 308 

** " order of, suspending "W. M 124 

** ** " arresting charter of Lodge 123 

a a fornewtrial 127 

tt "of Grand Encampment, powers of 218 

" Commander, powers of 228-242-245 

u " Grand Encampment only can try 183 

tt High-Priest, powers of. 152-164-176 

a a General, powers of 159 

H. 

Head of the Craft, Grand Lodge is the supreme 119 

u u u Grand Master in interim 134 

" Lodge, W.M.is 23-24 

High-Priest, office and powers of 143-169-176 

Grand 152-164-176 

" " " General Grand , 159 

Honorary members not entitled to ballot 68-243-250 



Initiations, qualifications for 262-266-271-274 

Innovations, cannot be made in Masonry 265 

J. 

Jurisdiction of Lodges 27 to 81 

" " Grand 119 to 121 

« Chapters 144-176 

«• " Grand 151-163-177 

« " General Grand 140-156-157-175 

« Commanderies 181-183-236-241-243 246-249 

* " Grand 180-227-245 

u Grand Encampment 180-210-216-231 

* boundaries of. 27-119-144r-183 

« territorial 27-144-183 

* personal 27-28-189 



INDEX. 339 

PAGK 

Jurisdiction, when original 120-183 

44 " appellate 120 

** " exclusive 120 

M M concurrent 120 

K. 

Knighthood, Masonic 178-247 

" " origin and nature of. 178-247 

44 u relation of, to symbolic Masonry 179 

44 " orders of, highest division of York rite 179 

14 " " are Christian 178-247 

Knight of Red Cross, subject to penal jurisdiction 183 

44 " where and how tried 182 

Knight Templar, costume of 250 

44 " trials must be upon order of. 182 

44 * 4 only, competent to sit upon trial 182 

44 " charge against 184 

44 w effect of sentence upon 199-244-245 



L. 

Landmarks, Ancient 254 

44 " what they are 254 

44 44 are the supreme law 254 

44 4t " unalterable 254-265 

44 " legend of 3d degree is one of. 255 

Lodge 21-259 

44 is Masonic tribunal 21 

4< whoto presidein 24to26 

44 U. D. has no judicial powers 22 

44 trialin 11 

44 " must begin at regular communication 22 

44 jurisdiction of. 27 

44 " boundaries of. 27-28 

« a territorial 27 

** M personal 28 

* - when exclusive 29 



840 INDEX. 

Lodge, jurisdiction of, when concurrent with G. L 120 

44 " over E. A. and F. 29 

44 " " non-affiliants 28 

" u " sojourners 28 

" charges in 82 

answer to 44 

*' appeal from, to G. L. (see Appeals) 84 

" " " form of 87 

" " " noticeof 85 

a " " who maytake 84 

" dispensation for new 306 

" " petition for 305 

" proxy to constitute new 308 

" petition for initiation in 309 

" membership in 310 

" has inherent power to admit or reject 93— J 11 

" ballot in,how taken 69-79 

" " must be on 3d degree 68 

" dimit from 311 

" accused may vote in 43 

" newtrialin , 101 

" charges against 121 

" " " W.M-of. 121-122 

" Grand Master may arrest charter of. 123 

" " " suspend W. M. of. 123 

«* cannot try its W. M 28-121 

" Grand (see Grand Lodge) 

" is a judicial body 21-23 

" punishment of. 126 

Limb, loss of, debars from order of K. T. 244 



M. 

Man, candidate must be a (see Candidate) 262-274 

Makings, ancient charges at 273 

Mason, standing of, while under charges 43-99-101-128 

" " " suspended ..74-150-199 



INDEX. 341 

PAGB 

Mason, standing of, while expelled 73-150-199-244 

" " when new trial pending 99 

" " not affected till sentence passed 80 

" may testify on honor 55 

Master, Grand (see Grand Master) 129 

M " of Grand Encampment, powers of. 218 

" Worshipful (see Worshipful Master) 23 

" past, when may preside 25-26 

" " mark, and M. E., subject to discipline 144 

Members, only, can vote on trials 68 

Membership, how affected by expulsion 71-72 

" *• " suspension 71-74 

** how restored 105 to 116 

u Lodge has exclusive control of. 93-111 

a Chapter " " 151 

u Commandery " " 201 

" honorary, rights of 68-243-250 

" dues accrue only during 75 

Minutes of trial to be full and accurate 44-52-70-190-193 

" errors in, may be corrected 54 

Motion to dismiss appeal 94 

N. 

New trials, of 101 

Non-affiliants subject to penal jurisdiction 28 

Notice of appeal to Grand Lodge 85 

" " " Commandery 202 

" to commissioners 51 

u totakepooofs 53-187 

u of decision 81-82 

«* of judgment and sentence 81-82-200 

tt of expulsion to Grand Lodge 81 

O. 

Obedience t© municipal law 15-16-17 

* moral law 15-16 



342 INDEX. 

PAGB 

Obligations, any violation of, an offence 15-19 

" inferior, binding in higher degrees 143-181-182 

Offence, of the 15 

" what is Masonic 15 to 20 

" when violation of statute is Masonic 17 

Offences, of what Masonry will not take cognizance 16-18 

" enumeration of. 18-20 

" political 16 

Offender, can be punished but once for same offence 28-31 

Officers of Chapter, their duties 168-169 

" " Grand, their duties 163 

" " General Grand, their duties 158 

** Commandery, their duties 232 

«• " Grand, their duties .... . 225 

44 Grand Encampment, " " 213 to 224 

" resignation of. 241-245 

Opening of Lodge, who must be present at 25-26 

u Chapter " " 143-173 

a Commandery " " 18a 



Pnpers to be sent up on appeal 86-99-151-202-207 

Fast Master, when may preside at trial 26-27 

; " " subject to penal jurisdiction 144 

I " High-Priest, when may preside .143-173 

" Commander, " " 182-234^-250 

Petition for dispensation for new Lodge 305 

" " " Chapter 313 

" " " Commandery 322 

** u to confer degrees 309 

" new trial 126 

Physical defect debars 174r-244-262-266-271-274 

Powers of Grand Master in trials and appeals 129 

" Master in trials 21-24-55-51-52-136 

" High-Priest 143 

«* Commander 182-186-199-201 



INDEX. 343 

PAG* 

Powers of Grand Lodge are plenary 119 

44 Previous question" has no place in Masonry 243 

Prerogative of Grand Master 134-136-256-257-258 

" W. M 90 to 93 

Proofs, of the 51-148 

Punishment, Masonic 71-149-198 

44 cannot be inflicted without trial 39-77-78 

44 by fine unlawful 78 

44 by mere resolution unlawful 77 

44 of expulsion 71-72-149-199-244-245 

44 " vote required for 79-149-199 

44 " effect of 72-149-199-244-245 

a 44 status while under 72-199-244 

44 4i restoration from 105-152-244 

• suspension 71-74-149-199-245 

44 u vote required for 79-149-199 

44 " effect of. 74-149-196-245 

* 4 « status while under 74-199-243 

44 u restoration from 105-152 

44 reprimand 71-76 

44 44 vote required for 79 

44 <4 does not affect standing 76 

44 conviction without, does not affect standing. . . 80 

44 kind of, discretionary 79 

44 but one, can be inflicted 79 

44 of Lodge 121-123-126 

44 " GrandMaster 121 

44 " Worshipful Master 28-90-121-122-124 

44 by municipal court does not bar Masonic pros- 
ecution for same offence 31 

Profane cannot prefer charges against a Mason 34 

44 testimony of, how taken 55 

Publication of sentence is unmasonic 83 



0- 

Qualifications of candidates. . .174-336-244-345-363-266-371-371 



344 INDEX. 

E. 

PAOB 

Recognition, modes of 255 

Reconsideration of ballot unlawful 70 

Records evidence of themselves , 54 

" may be corrected if erroneous 54 

Regulations, General 285 

Rejection, Lodge has absolute power of. 93-111 

Religion, concerning God and 276 

Report of Commissioners, form of. 59-148-195 

" " notice of. 194 

Representative body, Grand Lodge is 117 

Representative's certificate 312 

Reprimand is mildest Masonic punishment 76 

" how administered . 76 

" does not affect standing 76 

" majority vote sufficient for 79 

" no distinction between public and private 77 

" can only be inflicted after due trial 39-77-78 

Resign, any officer of Commandery below E. C. may 245 

" Eminent Commander cannot 241 

Restoration, of. 105 

" byactoflaw 105 

" " Lodge 106 

" " Grand Lodge 110 

** from sentence of expulsion 105-152-244 

u " " suspension 105-152 

" by Grand Lodge, effect of. 110 

" petition for 108 

Right of appeal (see Appeal) 84-163-175-217-228-260 

" " is inalienable 84-260 

" " belongs to eveiy Mason 84 

Roll, striking from, improper 78 

Rules, similar general, govern all Masonic trials 12-138-179 

S. 

Secret, ballot to be 68-69 

Secretary to make return on appeal 86-99 



INDEX. 345 

PAOH 

Sentence, effect of. 71-72-74 -76-149-199-244-245 

u how affected by appeal 98-99-101-110-113 

" " " reversal on appeal 110 to 113 

" Lodge may refrain from inflicting any 80 

* standing of accused not affected until 80 

Senior Warden, when to preside * .. 25 

Specifications, forms of. 36-38-145-184-185 

Standing of accused under charges 43-99-101-128 

" " " sentence of expulsion 72-150-199-244 

" " u " suspension... 74-150-199 

«* « tt " reprimand 76 

u u " conviction, without sentence.... 80 

u " " new trial pending 99-152 

Suspension, punishment of 74 

'* " " by what vote passed V9 

" definite, effect of 74 

" indefinite" " 74 

** restoration from 74-105 

Succession to chair in Lodge 25 

" * " Chapter 143-162-173 

" " " Commandery 182-234 

a " " Grand Chapter 162-173 

Y* " " " Commandery 229-280 

u " " M Encampment.... 219 

Summons, W. M. to issue 57 

" disobedience of, an offence 56-145-189 

" form of, to testify before Lodge 57 

M " u u Commissioners 57 

tt a « ti Com of Commandery. . 189 



T. 

Templar jurisprudence 178-241 

" costume 250 

Time, appeal to be made within what 85 -201 

Testimony (see Proofs, Evidence) 51 

15* 



?»46 INDEX. 

Trial in Lodge (see Lodge) 11 

" Chapter 138 

44 Commandery (see Commandery) 178 

44 Grand Lodge 94-117 

• new, when granted 98-101 

44 u proceedings in 101 

44 no punishment lawful without 39-77-78 

44 who competent to sit upon, in Lodge 25-68 

44 u " Chapter 142-149-175 

44 " " Commandery 182 

44 who to preside at . . . .25-143-162-173-18&-219-229-230 .334 

Tribunal, of the 21 



U. 

Unanimous vote required to restore from expulsion. 108-152-244 

Unaffiliated Masons subject to discipline .28-144-183 

Unwritten L andmarks 254 



V. 

Visitors, not admitted during trial 23-68-143 

Vote, upon trial, to be by ballot 68-69 

44 u tobesecret 68-69 

44 a who to inspect and declare. 70 

44 u " entitled to, in Lodge 25-68 

44 a H Chapter 142-149-175 

44 a a a Commandery 182 

44 to be taken on each specification separately 69 

44 u recorded 70 

44 parties or counsel not to be present at taking of. .65-68-149 

44 two-thirds required to expel in Lodge 79 

44 " 4 ' suspend in Lodge 79 

44 " u expel in Chapter 149 

•* ** u suspend in " 149 

44 majority, may reprimand in Lodge or Chapter. . , . .79-145 



INDEX. 347 

TAOM 

Vote, Commandery expels, suspends, or reprimands by major- 
ity 199-233 

** Commandery restores from expulsion by majority 244 

u " " ** suspension " 244 

" a ** to membership only by unani- 
mous 244 



W. 

Wardens, when to preside 25 

Warrant of Constitution 316 

Wife and children of expelled Mason not entitled to relief . . 72 

Witness, who competent 55 

44 how attendance of, procured 57-189 

44 summons for, forms of 57-189 

** not required to criminate himself 61 

Worshipful Master, his powers in trials 23 

44 ** to preside at trial 24 

** a appoints commissioners 24 

* •» « counsel 24 

* M no appeal from, to the Lodge 24 

a a Lodge cannot try 28-90 

* ** responsible to Grand Lodge 29-92 

* tt Master 29 

* ** Grand Master may suspend 12^ 

** ** charges against 121-122 

** ** to issue summons 57 

** ** when may dismiss charges 85-104 

" u to enforce a speedy trial 104 

** " may exclude visitors 78 

M M appeal lies from rulings of, to G. L. 84 



Y. 

Years, Masonic (see Masonic Calendar) 802 

York Constitutions 266 



AUG 10 19 



